Bill Text: DE SB115 | 2013-2014 | 147th General Assembly | Engrossed
Bill Title: An Act To Amend Titles 23 And 24 Of The Delaware Code Relating Professions And Occupations And Temporary Suspensions.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2014-04-15 - Signed by Governor [SB115 Detail]
Download: Delaware-2013-SB115-Engrossed.html
SPONSOR: |
Sen. Henry & Rep. Barbieri |
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SENATE BILL NO. 115 AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1 |
AN ACT TO AMEND TITLES 23 AND 24 OF THE DELAWARE CODE RELATING PROFESSIONS AND OCCUPATIONS AND TEMPORARY SUSPENSIONS.
Section 1.Amend §120, Title 23 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underlining as follows:
§120 Disciplinary Sanctions.
(c) The Board may temporarily suspend
a pilot's license in advance of a final adjudication, or during the appeals
process, but only in cases where there is a clear and immediate danger to the
health, safety and welfare of the public if the licensee is allowed to continue
to practice. Such suspension may be appealed.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
Section 2.Amend Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§118 Disciplinary Sanctions.
(e) In the event of a formal or informal complaint concerning the activity of a certificate or permit holder that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's certificate or permit, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a certificate or permit may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose certificate or permit has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's certificate or permit.
§214 Disciplinary Sanctions.
(c) The Board may temporarily suspend a
practitioner's license in advance of a final adjudication, or during the
appeals process; but only in cases where there is a clear and immediate danger
to the health and safety and welfare of the public if the licensee is allowed
to continue to practice. Such suspension may be appealed.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§315 Disciplinary Sanctions.
(c) The Board may temporarily suspend
a registered architect's certificate of registration in advance of a final
adjudication, or during the appeals process; but only in cases where there is a
clear and immediate danger to the health, safety and welfare of the public if
the registered architect is allowed to continue to practice. Such suspension
may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§516 Disciplinary Sanctions.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§711 Grounds for discipline; procedures; sanctions.
(h) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication, or during the
appeals process; but only in cases where there is a clear and immediate danger
to the health and safety of a patient or to the public if the licensee is
allowed to continue to practice. Such suspension may be appealed to the
Superior Court.
(h) In the event of a formal or
informal complaint concerning the activity of a licensee that presents a clear
and immediate danger to the public health, safety or welfare, the Board may temporarily
suspend the person's license, pending a hearing, upon the written order of the
Secretary of State or the Secretary's designee, with the concurrence of the
Board chair or the Board chair's designee. An order temporarily suspending a
license may not be issued unless the person or the person's attorney received
at least 24 hours' written or oral notice before the temporary suspension so
that the person or the person's attorney may file a written response to the
proposed suspension. The decision as to whether to issue the temporary order of
suspension will be decided on the written submissions. An order of temporary
suspension pending a hearing may remain in effect for no longer than 60 days
from the date of the issuance of the order unless the temporarily suspended
person requests a continuance of the hearing date. If the temporarily suspended
person requests a continuance, the order of temporary suspension remains in
effect until the hearing is convened and a decision is rendered by the Board. A
person whose license has been temporarily suspended pursuant to this section
may request an expedited hearing. The Board shall schedule the hearing on an
expedited basis, provided that the Board receives the request within 5 calendar
days from the date on which the person received notification of the decision to
temporarily suspend the person's license.
§1129 Disciplinary Sanctions.
(c) Upon the filing of a formal
complaint by the Attorney General's office, the Board may temporarily suspend a
practitioner's license in advance of a final adjudication, but only in cases
where there is clear and immediate danger to the health and safety and welfare
of the public if the licensee is allowed to continue to practice. Such
suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§1414 Disciplinary Sanctions
(c) By a decision of 5 members, the
Board may suspend any license, prior to a hearing, simultaneously with the
scheduling of a hearing if it finds that the electrician continuing the
practice, which warrants this action, is an imminent danger to the public
health and safety. The suspension shall continue in effect until the conclusion
of the proceedings, including judicial review thereof unless sooner withdrawn
by the Board or stayed by the Superior Court. The hearing shall be held no
later than 30 days from the date of service of the suspension order unless
continued at the request of the licensee.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§1814. Grounds for discipline or other remediation.
(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in §1815 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:
(b) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§1827. Grounds for discipline or other remediation.
(a) An individual licensed under this chapter is subject to disciplinary sanctions set forth in §1828 of this title or other appropriate remediation, if, after a hearing, the Board finds that the licensee has:
(b) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§1923. Temporary suspension; pending hearing.
(a) In the event the Board receives a
written complaint concerning a licensee's activities which the Board determines
alleges matters presenting an immediate or imminent danger to the public
health, welfare and safety requiring emergency action, the Board may issue an
order temporarily suspending the licensee's license, pending a final hearing on
the complaint. No order temporarily suspending a license shall be issued by the
Board, with less than 24 hours prior written or oral notice to the nurse or the
nurse's attorney so that the nurse or the nurse's attorney may be heard in
opposition to the proposed suspension and unless at least a quorum of the Board
votes in favor of a temporary suspension. An order of temporary suspension
under this section shall remain in effect for a period not longer than 60 days
from the date of the issuance of said order, unless the suspended nurse
requests a continuance of the date for the final hearing before the Board. If a
continuance is requested, the order of temporary suspension shall remain in
effect until the Board has rendered a decision after the final hearing.
(b) The licensee, whose license has been
temporarily suspended shall be notified forthwith in writing. Notification
shall consist of a copy of the complaint and the order of temporary suspension
pending a hearing and shall be personally served upon the licensee or sent by
certified mail, return receipt requested, to the licensee's last known address.
(c) A licensee whose license has been
temporarily suspended pursuant to this section may request an expedited
hearing. The Board shall schedule the hearing on an expedited basis provided
that the Board receives the licensee's request for an expedited hearing within
5 calendar days from the date on which the licensee received notification of
the Board's decision to temporarily suspend the licensee's license.
(d) As soon as possible, but in no
event later than 60 days after the issuance of the order of temporary suspension,
the Board shall convene for a hearing on the complaint. In the event that a
licensee, in a timely manner, requests an expedited hearing, the Board shall
convene within 15 days of the receipt by the Board of such a request and shall
render a decision within 30 days.
(e) In no event shall an order of
temporary suspension remain in effect for longer than 60 days unless the
suspended licensee requests an extension of the order of temporary suspension
pending a final decision of the Board. Upon a final decision of the Board, the
order of temporary suspension shall be vacated in favor of the disciplinary
action ordered by the Board.
In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§2017. Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication, during the appeals
process, but only in cases where there is clear and immediate danger to the
health and safety and welfare of the public if the licensee is allowed to
continue to practice. Such suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§2115 Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication during the appeals
process, but only in cases where there is clear and immediate danger to the
health and safety and welfare of the public if the licensee is allowed to
continue to practice. Such suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
By a decision of 5 or more members,
the Board may order the suspension of a license to practice pharmacy prior to a
hearing or simultaneously with the scheduling of a hearing if it finds that the
licensee, by continuing in the practice of pharmacy, poses an imminent danger
to public health, safety or welfare. An emergency license suspension pursuant
to this section continues in effect until the conclusion of the proceedings,
including judicial review, if any, unless the suspension is withdrawn by the
Board or modified by the Superior Court. If a license is suspended pursuant to
this section, the hearing must be held no later than 30 days from the date of
service of the suspension order unless the hearing is continued at the request
of the licensee.
§2519 Temporary suspension pending hearing.
In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§2616 Grounds for refusal, suspension or revocation of license or registration; penalties for violations of chapter.
(d) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§2714 Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication, during the appeals
process, but only in cases where there is clear and immediate danger to the
health and safety and welfare of the public if the licensee is allowed to continue
to practice. Such suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3009 Grounds for discipline.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3114 Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication, during the appeals
process, but, only in cases where there is clear and immediate danger to the
health and safety and welfare of the public if the licensee is allowed to
continue to practice. Such suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3317 Disciplinary sanctions.
(c) The Board may temporarily suspend
a licensee's license in advance of a final adjudication, or during the appeals
process; but only in cases where there is a clear and immediate danger to the
health, safety and welfare of the public if the licensee is allowed to continue
to practice. Such suspension may be appealed.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3322 Disciplinary sanctions.
(c)
The Board may temporarily suspend a veterinary technician's license in advance
of a final adjudication, or during the appeals process; but only in cases where
there is a clear and immediate danger to the health, safety and welfare of the
public if the licensee is allowed to continue to practice. Such suspension may
be appealed.
(c) In the event of a formal or
informal complaint concerning the activity of a licensee that presents a clear
and immediate danger to the public health, safety or welfare, the Board may
temporarily suspend the person's license, pending a hearing, upon the written
order of the Secretary of State or the Secretary's designee, with the
concurrence of the Board chair or the Board chair's designee. An order
temporarily suspending a license may not be issued unless the person or the person's
attorney received at least 24 hours' written or oral notice before the
temporary suspension so that the person or the person's attorney may file a
written response to the proposed suspension. The decision as to whether to
issue the temporary order of suspension will be decided on the written
submissions. An order of temporary suspension pending a hearing may remain in
effect for no longer than 60 days from the date of the issuance of the order
unless the temporarily suspended person requests a continuance of the hearing
date. If the temporarily suspended person requests a continuance, the order of
temporary suspension remains in effect until the hearing is convened and a
decision is rendered by the Board. A person whose license has been temporarily suspended
pursuant to this section may request an expedited hearing. The Board shall
schedule the hearing on an expedited basis, provided that the Board receives
the request within 5 calendar days from the date on which the person received
notification of the decision to temporarily suspend the person's license.
§3516 Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication, during the appeals
process; but only in cases where there is clear and immediate danger to the
health and safety and welfare of the public if the licensee is allowed to
continue to practice. Such suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3614. Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license in advance of a final adjudication, during the appeals
process, but only in cases where there is clear and immediate danger to the
health and safety and welfare of the public if the licensee is allowed to
continue to practice. Such suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3716 Disciplinary sanctions.
(e) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3811 Grounds for discipline/sanctions/penalties of unlicensed practice.
(e) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§3916 Disciplinary sanctions.
(c)
The Board may temporarily suspend a practitioner's license in advance of a
final adjudication, during the appeals process, but only in cases where there
is a clear and immediate danger to the health, safety and welfare of the public
if the licensee is allowed to continue to practice. Such suspension may be
appealed in accordance with the Administrative Procedures Act [Chapter 101 of
Title 29].
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§4016 Disciplinary sanctions.
(c) The Council may temporarily
suspend a practitioner's license or certificate in advance of a final
adjudication, during the appeals process, but only in cases where there is
clear and immediate danger to the health, safety and welfare of the public if the
licensee or certificate holder is allowed to continue to practice. Such
suspension may be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§4116 Disciplinary sanctions [Effective Aug. 6, 2013].
(c)(1) In the event of a formal or informal complaint concerning the activity of a person licensed to practice home inspection that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license to practice home inspection, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license to practice home inspection may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney can file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§5115. Temporary suspension; pending
hearing.
(a) In the event the Board receives a written
complaint concerning a licensee's activities which the Board determines alleges
matters presenting an immediate or imminent danger to the public health,
welfare and safety requiring emergency action, the Board may issue an order
temporarily suspending the licensee's license, pending a final hearing on the
complaint. No order temporarily suspending a license shall be issued by the
Board, with less than 24 hours' prior written or oral notice to the licensee so
that the licensee may be heard in opposition to the proposed suspension and
unless at least a quorum of the Board votes in favor of a temporary suspension.
An order of temporary suspension under this section shall remain in effect for
a period not longer than 60 days from the date of the issuance of said order,
unless the suspended licensee requests a continuance of the date for the final
hearing before the Board. If a continuance is requested, the order of temporary
suspension shall remain in effect until the Board has rendered a decision after
the final hearing.
(b) The licensee, whose license has
been temporarily suspended shall be notified forthwith in writing. Notification
shall consist of a copy of the complaint and the order of temporary suspension
pending a hearing and shall be personally served upon the licensee or sent by
certified mail, return receipt requested, to the licensee's last known address.
(c) A licensee whose license has been
temporarily suspended pursuant to this section may request an expedited
hearing. The Board shall schedule the hearing on an expedited basis provided
that the Board receives the licensee's request for an expedited hearing within
5 calendar days from the date on which the licensee received notification of
the Board's decision to temporarily suspend the licensee's license.
(d) As soon as possible, but in no
event later than 60 days after the issuance of the order of temporary
suspension, the Board shall convene for a hearing on the complaint. In the
event that a licensee, in a timely manner, requests an expedited hearing, the
Board shall convene within 15 days of the receipt by the Board of such a
request and shall render a decision within 30 days.
(e) In no event shall an order of
temporary suspension remain in effect for longer than 60 days unless the
suspended licensee requests an extension of the order of temporary suspension
pending a final decision of the Board. Upon a final decision of the Board, the
order of temporary suspension shall be vacated in favor of the disciplinary
action ordered by the Board.
§5115. Temporary suspension pending hearing.
In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.
§5315 Disciplinary sanctions.
(c) The Board may temporarily suspend
a practitioner's license or certification in advance of a final adjudication,
during the appeals process, but only in cases where there is a clear and
immediate danger to the health, safety and welfare of the public if the
licensee or certificant is allowed to continue to practice. Such suspension may
be appealed in accordance with the Administrative Procedures Act [Chapter 101
of Title 29].
(c) In the event of a formal or
informal complaint concerning the activity of a licensee or certificant that
presents a clear and immediate danger to the public health, safety or welfare, the
Board may temporarily suspend the person's license or certificate, pending a
hearing, upon the written order of the Secretary of State or the Secretary's
designee, with the concurrence of the Board chair or the Board chair's
designee. An order temporarily suspending a license or certificate may not be
issued unless the person or the person's attorney received at least 24 hours'
written or oral notice before the temporary suspension so that the person or
the person's attorney may file a written response to the proposed suspension.
The decision as to whether to issue the temporary order of suspension will be
decided on the written submissions. An order of temporary suspension pending a
hearing may remain in effect for no longer than 60 days from the date of the
issuance of the order unless the temporarily suspended person requests a
continuance of the hearing date. If the temporarily suspended person requests a
continuance, the order of temporary suspension remains in effect until the
hearing is convened and a decision is rendered by the Board. A person whose
license or certificate has been temporarily suspended pursuant to this section
may request an expedited hearing. The Board shall schedule the hearing on an
expedited basis, provided that the Board receives the request within 5 calendar
days from the date on which the person received notification of the decision to
temporarily suspend the person's license or certificate.
§5218 Disciplinary sanctions.
(c)
The Board may temporarily suspend a practitioner's license in advance of a
final adjudication, during the appeals process, but only in cases where there
is clear and immediate danger to the health and safety and welfare of the
public if the licensee is allowed to continue to practice. Such suspension may
be appealed to Superior Court.
(c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license.