When an Inquiry Panel determines that the suspension of a
license is appropriate pursuant to section
24-4-104(4),
C.R.S., it shall offer the licensee an opportunity to appear before the Inquiry
Panel to offer evidence supporting why the licensee should not be suspended.
This hearing does not substitute for the hearing afforded by section
24-4-104(4),
C.R.S., but is in addition to such hearing. The Inquiry Panel shall determine
whether the opportunity for a hearing may occur before the Inquiry Panel's
consideration of whether to suspend, or whether the opportunity for hearing
shall occur after the entry of an order suspending a license. The determination
of whether to offer a licensee notice of the right to a pre-suspension hearing
or to offer a post-suspension hearing shall be in the sole discretion of the
Inquiry Panel and shall not be subject to review.
A. Pre-Suspension Notice
In the event that the Inquiry Panel believes that suspension
may be indicated, the Inquiry Panel shall:
1. Provide notice to the licensee of the
suspension. Board staff shall give notice to the licensee by first class mail
and shall send notice to the licensee's address of record pursuant to Board
Rule 270;
2. Issue the notice
within seventy-two hours of the suspension, excluding interim weekends and
state holidays from the calculation; and,
3. Include the following information:
a. A statement of the general nature of the
issues that may warrant suspension. Such statement of the general nature of the
issues that may warrant suspension need not be as comprehensive or detailed as
a formal charging document in a hearing conducted pursuant to the
Administrative Procedure Act;
b. A
statement instructing that the Inquiry Panel may suspend the licensee's license
at its next meeting;
c. A statement
that the licensee may request a hearing before the Inquiry Panel at its next
meeting, but must do so prior to the Inquiry Panel's next agenda
deadline;
d. A statement informing
the licensee of the next regularly scheduled agenda deadline and the date and
time of the next regularly scheduled meeting;
e. A statement informing the licensee that
written material, up to a limit of thirty pages, may be submitted by the same
deadline; and,
f. A statement that
written material submitted by this deadline will be provided to the Inquiry
Panel members prior to the meeting;
g. A statement that written material not
submitted by the agenda deadline may be presented during the hearing at the
Inquiry Panel Chair's discretion.
B. Suspension After Pre-Suspension Notice
In the event that the licensee chooses not to request a
pre-suspension hearing and is subsequently suspended, the Inquiry Panel
shall:
1. Provide notice to the
licensee of the suspension. Board staff shall give notice to the licensee by
first class mail and shall send notice to the licensee's address of record
pursuant to Board Rule 270;
2.
Issue the notice within seventy-two hours of the suspension, excluding interim
weekends and state holidays from the calculation; and,
3. Include within the notice a statement of
the general nature of the issues that led to suspension. Such statement of the
general nature of the issues that led to suspension need not be as
comprehensive or detailed as a formal charging document in a hearing conducted
pursuant to the Administrative Procedure Act.
C. Post-Suspension Notice
In the event that the Inquiry Panel determines that
suspension without pre-suspension notice and hearing is warranted, the Inquiry
Panel shall:
1. Provide notice to the
licensee of the suspension. Board staff shall give notice to the licensee by
first class mail and shall send notice to the licensee's address of record
pursuant to Board Rule 270;
2.
Issue the notice within seventy-two hours of the suspension, excluding interim
weekends and state holidays from the calculation; and,
3. Include the following information:
a. A statement of the general nature of the
issues that led to suspension. Such statement of the general nature of the
issues that led to suspension need not be as comprehensive or detailed as a
formal charging document in a hearing conducted pursuant to the Administrative
Procedure Act;
b. A statement
instructing that the licensee may request a hearing before the Inquiry Panel at
its next meeting for the purpose of requesting that the suspension be set
aside, but the licensee must make such a request prior to the Panel's next
agenda deadline;
c. A statement
informing the licensee of the next regularly scheduled agenda deadline and the
date and time of the next regularly scheduled meeting;
d. A statement informing the licensee that
written material, up to a limit of thirty pages, may be submitted by the same
deadline;
e. A statement that
written material submitted by this deadline will be provided to the Inquiry
Panel members prior to the meeting; and,
f. A statement that written material not
submitted by the agenda deadline may be presented during the hearing at the
Inquiry Panel Chair's discretion.
Notes
3 CCR 713-18.2
38
CR 24, December 25, 2015, effective
1/14/2016
40
CR 12, June 25, 2017, effective
7/15/2017
40
CR 23, December 10, 2017, effective
12/30/2017
