| | | §15306.__Disciplinary actions |
|
| | | 1.__Disciplinary proceedings and sanctions.__The board, on | | its own motion or upon receipt of a written complaint filed | | with the board, shall investigate a complaint regarding | | noncompliance with or violation of this chapter or of rules | | adopted by the board. |
|
| | | The board shall notify a licensee under this chapter of the | | content of a complaint filed against the licensee as soon as | | possible but no later than 60 days from receipt of the | | complaint.__The licensee shall respond within 30 days.__If the | | licensee's response to the complaint satisfies the board that | | the complaint does not merit further investigation or action, | | the matter may be dismissed, with notice of the dismissal to | | the complainant, if any. |
|
| | | 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. |
|
| | | If the board finds that the factual basis of the complaint is | | true and is of sufficient gravity to warrant further action, | | it may take any of the following actions it considers | | appropriate: |
|
| | | A.__With the consent of the licensee, 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; or |
|
| | | 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, 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. |
|
| | | If the board concludes that modification or nonrenewal of the | | license is in order, the board shall hold an adjudicatory | | hearing |
|
|