Current through Register Vol. 48, No. 3, March 22, 2024
A. Complaint; Determination of Just
Cause. Any action of the Board shall commence only after the Board
receives a written complaint. If the Board determines, after a
preliminary investigation, the facts are not sufficient to support an
alleged violation, the Complainant will be notified, and the
complaint dismissed.
(1) Initial
complaints regarding alleged professional misconduct that involve
what may be determined to be an imminent threat to the public,
incorporating a finding to that effect in an order, may require the
issuance of a temporary suspension order. A temporary suspension
order may be issued without a prior hearing being afforded to the
licensee, in which event the licensee may request by the close of the
next business day after receipt of the order a review by an
administrative hearing officer. The fact of suspension or restriction
of a license, and the fact of any subsequent related action, is
public information under the Freedom of Information Act after
issuance of an order, unless a review by the administrative hearing
officer has been timely requested in writing. Filing a written
request for a review by the administrative hearing officer does not
stay the temporary suspension and no stay may be issued; however, the
fact of the issuance of the temporary suspension order must not be
made public until the time for requesting a review has passed or the
administrative hearing officer issues an order after a review
hearing. Upon proper written request, a review hearing must be held
by the administrative hearing officer within three business days of
the filing of the request for review, unless otherwise agreed by the
parties. If the issuance of the temporary suspension order is not
sustained by the administrative hearing officer, the matter must
remain confidential and must not be made public, except to the extent
the Board considers it relevant to the final decision of the
Board.
B.
Formal Complaint and Board Hearing. If the Board determines
sufficient facts exist to support an alleged violation, disciplinary
action will proceed as follows:
(1)
The Office of General Counsel shall provide thirty (30) days' notice
to the Complainant and the Respondent and schedule a hearing before
the Board.
(2) The
General Counsel's office shall present the case for the Complainant
before the Board.
(3) The
Respondent and counsel shall have the right to appear before the
Board at such hearing, submit briefs and be heard in oral
argument.
(4) Thereafter,
the Board will file a final certified report of its findings of fact,
conclusions of law and disciplinary action to be taken.
(5) The Board will notify the
Complainant and the Respondent of such action.
(6) A decision by the Board to
revoke, suspend or otherwise restrict a license, or to limit or
otherwise discipline a licensee, shall require a majority vote by the
Board.
(7) A decision by
the Board to revoke, suspend or otherwise restrict a license or to
limit or otherwise discipline a licensee, or one who is found to be
practicing chiropractic in noncompliance with this chapter shall not
become effective until the tenth (10) day following the date of
delivery to the Respondent of a written copy of the decision. The
Board's decision will constitute a final administrative
decision.
C.
Appeal of Decision. The Board's final administrative decision shall
be subject to appeal to the Administrative Law Court. The Respondent
shall serve notice of the appeal upon the Board within thirty (30)
days from the delivery date of the Board's decision to the
Respondent. Service of a petition for a review of the decision shall
stay the Board's decision pending completion of the appellate
process.
D. Proceedings
Confidential Until Filed. As authorized by Sections
40-9-97
and
30-4-70,
S. C. Code of Laws 1976, unless and until otherwise ordered by this
Board, all proceedings and documents relating to complaints and
hearings thereon and to proceedings in connection therewith shall be
confidential, unless the Respondent shall in writing request that
they be public. The Administrator of the Board shall keep secure in
the Board's offices all written records and documents pertaining to
disciplinary procedures.
