§ 40-1-90 — Disciplinary action proceedings.

(A) The director shall review any case that the board recommends for a formal complaint to ensure the department mailed the notice of the investigation to the licensee and provided the licensee with opportunity to respond. This shall occur before the formal complaint is issued. The director shall verify that: (1) the department mailed a copy of the complaint to the licensee; (2) the name of the complainant was provided to the licensee, unless good cause existed to withhold the name of the complainant; (3) the licensee was notified of the opportunity to provide a response to the complaint; and (4) the licensee's response was included and considered in the investigative file. If the director determines that any of these procedural steps were not followed in the investigative process, the issuance of the formal complaint shall be held until such time as the procedural defects may be rectified. Nothing in this section should be construed to require the director's review if a case is disposed of by any means other than issuance of a formal complaint. (B) The results of an investigation must be presented to the board. If from these results it appears that a violation has occurred or that a licensee has become unfit to practice the profession or occupation, the board, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. No disciplinary action may be taken unless the matter is presented to and voted upon by the board. The board may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section. (C) For the purpose of a proceeding under this article, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to an administrative law judge for an order requiring the person to comply with the subpoena.

Legislative History

HISTORY: 1996 Act No. 453, SECTION 2; 2023 Act No. 13 (H.3605), SECTION 3, eff May 8, 2023. Editor's Note 2023 Act No. 13, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Earn and Learn Act of 2023'." Effect of Amendment 2023 Act No. 13, SECTION 3, inserted (A) and redesignated former (A) and (B) as (B) and (C), respectively.