Hawaii Administrative Rules
Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Chapter 85 - MEDICAL EXAMINERS
Subchapter 12 - DISCIPLINARY SANCTIONS
Section 16-85-116 - Summary suspension

Universal Citation: HI Admin Rules 16-85-116

Current through August, 2024

(a) Notwithstanding any law to the contrary, the board or the board's delegate may cause the immediate suspension or restriction of a license or certificate, subject to subsequent notice and hearing or other adequate procedures, upon a specific determination that the failure to take such an action may result in:

(1) An immediate and unreasonable threat to personal safety; or

(2) Fraud or misrepresentation upon consumers, and that, for the protection of the public from the possible consequences of practices, the licensee's license or certificate holder's certification should be immediately suspended or restricted.

(b) The board or the board's delegate may order the summary suspension of the license or certificate for a period not to exceed twenty days. The order of suspension shall be served upon the licensee or certificate holder at the same time as the notice of hearing for disciplinary action, and the hearing shall be scheduled prior to the expiration of the order of suspension. The period of suspension prior to the hearing shall not be extended beyond twenty days except upon request of the licensee or certificate holder for a reasonable continuance to adequately prepare the licensee's or certificate holder's defense. Any attempt by the licensee or certificate holder to continue the licensed activity while the license or certificate has been summarily suspended shall of itself be sufficient to warrant a permanent revocation of the license or certificate and shall subject the licensee or certificate holder to all penalties prescribed by this chapter, the applicable licensing laws, or any rule or order of the board.

The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2015-01, June, eff.6/22/2015 is not yet available.

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