010.01
SUMMARY SUSPENSIONS OR LIMITATIONS. These procedures
apply when the Division exercises its statutory authority to suspend, limit, or
take other action against a credential or permit to take effect immediately,
without advance notice or hearing, because of imminent danger to public health,
safety, or welfare, unless other procedures are prescribed by statute or rules
and regulations.
010.01(A)
NOTICE
AND ORDER. The notice of alleged violations will be accompanied by
an order which:
(i) Recites the basis for the
immediate suspension, limitation, or other action, including the basis for
finding reasonable cause to believe that the violations have occurred and are
grounds for discipline and for determining that such violations constitute an
immediate danger to the public; and
(ii) Sets the matter for hearing and notifies
the person against whom the action is taken of the date, time, and location of
hearing.
010.01(B)
HEARING DATE. The hearing will be held within 15 days
of the date the order is entered unless continued upon the written request of
the party against whom the action is taken or joint motion of the
parties.
010.01(C)
SERVICE. The order and notice of charges will be
served at least 10 days prior to the date set for hearing by any method
permitted by law.
010.01(D)
EFFECT. The suspension, limitation, or other action
remains in effect until 15 days after the hearing is closed, unless an
alternative period is prescribed by statute. If no decision is reached within
that time, the temporary suspension, limitation, or other action terminates
unless or until such time as a final decision is entered imposing a like
sanction.
010.02
SHOW CAUSE PROCEEDINGS. These procedures apply when a
statute calls for the initiation of a case by requiring a person to show cause
why discipline should not be taken, unless other procedures are prescribed by
statute or rules and regulations.
010.02(A)
ENTRY OF ORDER. An order to show cause will be entered
which:
(i) Notifies the person of the charges
or claims that form the basis to believe that a violation has occurred,
including the factual basis for the belief and reference to the statutes or
rules and regulations alleged to be violated. Such notice may be included in
the order or in a statement of charges attached to the order and incorporated
by reference; and
(ii) Sets the
matter for hearing and notifies the person of the date, time, and location of
hearing and other matters as provided in section 008.05.
010.02(B)
SERVICE.
The order and charges will be served upon the person affected by a means
permitted by law at least 30 days before the date of hearing.
010.02(C)
HEARING.
The hearing will be held not less than 60 days nor more than 90 days after the
date the order to show cause is entered, unless continued for good cause. The
burden is on the person charged to show cause why the Division should not
proceed with a hearing on the alleged violations.
010.03.
REINSTATEMENT. The procedures of section 008 apply to
denials of petitions for reinstatement of credential or permit except as
provided in section 009.04 or when a statute or rules and regulations provide
otherwise.
