3 CCR 713-18.3 - SUSPENSIONS PURSUANT TO SECTION 12-240-125(5)(c)(IV), C.R.S

A. In the event that the board determines that the suspension of a license is appropriate pursuant to section 12-240-125(5)(c)(IV), C.R.S., the Board may order suspension of the licensee's license until such time as the licensee complies with all conditions of the Final Agency Order.

B. In making the determination to suspend a license, the Board may take into consideration the licensee's prior disciplinary record. If the Board does take into consideration any prior discipline of the licensee, its findings and recommendations shall so indicate.

C. In the event that the Board orders suspension of a license pursuant to section 12-240-125(5)(c)(IV), C.R.S., the Board 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 Board for the limited purpose of showing that his or her failure to comply with the Stipulation and Final Agency Order was due to circumstances beyond his or her control, and that therefore his or her license should not be suspended. The licensee must make the request for hearing 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 Board 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 713-18.3

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