In the event that any licensee is determined to be mentally
incompetent or insane by a court of competent jurisdiction and a court enters
an Order making findings of such a degree that a licensee is incapable of
continuing to practice, the Board shall automatically suspend the licensee's
license pursuant to section
12-240-125(7),
C.R.S.
Any suspension shall continue until the licensee is found by
such court to be competent to practice.
A. When the Board orders suspension of a
license pursuant to section
12-240-125(7),
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 post-suspension hearing before the
Inquiry Panel at its next meeting for the limited purpose of providing evidence
that the licensee either has not been determined or is no longer determined to
be incompetent or insane by a court and to request that the Suspension Order be
set aside;
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 30 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;
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; and,
g. A statement that the licensee may make a
request for a hearing at any time after the court makes a determination that
the licensee is no longer determined by the court to be incompetent or insane.
Such request, with any accompanying documents, shall be placed onto the agenda
for the next regularly scheduled agenda deadline.
Notes
3 CCR 713-18.4
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
