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
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