Current through Register No. 12, March 21, 2024
(a) The
board shall commence adjudicative proceedings by giving the hearing notice
described in (b) below:
(1) To the parties;
and
(2) If a disciplinary hearing,
to any person who submitted a written complaint of misconduct by the certified
individual or entity whose actions or omissions are the subject of the
hearing.
(b) The notice
of hearing shall contain:
(1) The names and
addresses of the parties;
(2) A
statement of the nature of the hearing;
(3) The time and place of the hearing and of
any pre-hearing conference;
(4) A
statement of the legal authority under which the hearing is to be
held;
(5) A reference to the
applicable statutes and rules;
(6)
A short and plain statement of the issues presented;
(7) A statement that each party and
intervenor, if any, has the right to have representation by an attorney at the
party's or intervenor's own expense;
(8) The name of the presiding officer, if
known;
(9) If the notice is for a
disciplinary hearing:
a. A statement that the
certified individual or entity is:
1. Required
to submit a reply to any written complaint forwarded by the board if no reply
has yet been submitted; and
2.
Entitled to have the hearing recorded by a certified shorthand court reporter
at the individual's or entity's own expense, provided that such recording is
requested no later than 10 days before the beginning of the
hearing;
b. The sanctions
as described in
Fam 403.02 available
for use by the board if the board should find that misconduct was done;
and
c. A statement that any person
who submitted a relevant written complaint of misconduct is entitled to
petition to intervene in accordance with Fam 211; and
(10) A copy of the order described in
Fam
205.01(b)(2) if the notice is for a
disciplinary hearing following an emergency suspension of
certification.
(c) Except
in the case of hearings following emergency suspension of a certification, the
board shall:
(1) Amend the hearing notice when
it receives additional information which alters any of the elements of the
notice listed in (b) above; and
(2)
Deliver such an amended hearing notice in accordance with Fam 208.03 at least
10 days before the beginning of the hearing.
(d) If the board amends the hearing notice to
revise the statement of the issues presented or the reference(s) to the
applicable statutes and rules after the certified individual or entity has
submitted a reply to a relevant complaint of misconduct, the board shall permit
the individual or entity to submit an amended reply.
#5609, eff 4-6-93, EXPIRED: 4-6-99
New. #7716, INTERIM, eff 6-22-02,
EXPIRED: 12-19-02
New. #8369, eff 6-7-05; ss by
#9668, eff 4-2-10 (formerly Mar 208.01, see Revision Note at chapter heading
for Fam 200)
