| | | If, in the opinion of the board, the factual basis of the | | complaint is or may be true and the complaint is of sufficient | | gravity to warrant further action, the board may request an | | informal conference with the licensee. The board shall provide | | the licensee with adequate notice of the conference and of the | | issues to be discussed. The conference must be conducted in | | executive session of the board, pursuant to Title 1, section | | 405, unless otherwise requested by the licensee. Statements | | made at the conference may not be introduced at a subsequent | | formal hearing unless all parties consent. |
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| | | If the board finds that the factual basis of the complaint is | | true and is of sufficient gravity to warrant further action, | | the board: |
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| | | A.__With the consent of the licensee, may enter into a | | consent agreement that fixes the period and terms of | | probation best adapted to protect the public health and | | safety and to rehabilitate or educate the licensee. A | | consent agreement may be used to terminate a complaint | | investigation if entered into by the board, the licensee | | and the Office of the Attorney General; |
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| | | B.__In consideration for acceptance of a voluntary | | surrender of the license if a consent agreement is signed | | by the board, the licensee and the Office of the Attorney | | General, may negotiate stipulations, including terms and | | conditions for reinstatement, that ensure protection of | | the public health and safety and that serve to | | rehabilitate or educate the licensee; |
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| | | C.__If the board concludes that modification or nonrenewal | | of the license is in order, shall hold an adjudicatory | | hearing in accordance with the provisions of Title 5, | | chapter 375, subchapter 4; or |
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| | | D.__If the board concludes that suspension or revocation | | of the license is in order, shall file a complaint in the | | District Court in accordance with Title 4, chapter 5. |
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| | | 2.__Grounds for discipline.__The board may suspend or revoke | | a license pursuant to Title 5, section 10004.__The following | | are grounds for an action to refuse to issue, modify, suspend, | | revoke or refuse to renew the license of a person licensed | | under this chapter: |
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| | | A.__The practice of fraud or deceit in obtaining a license | | under this chapter or in connection with service rendered | | within the scope of the license issued; |
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