LD 1762
pg. 2
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LR 2619
Item 1

 
§90-A. Licensing actions

 
1. Disciplinary proceedings and sanctions. The board or, as
delegated, its subcommittee or staff, shall investigate a
complaint on its own motion or upon receipt of a written
complaint filed with the board regarding noncompliance with or
violation of this chapter or of any rules adopted by the board.
Investigation may include an informal conference before the
board, its subcommittee or staff to determine whether grounds
exist for suspension, revocation or denial of a license or for
taking other disciplinary action pursuant to this chapter. The
board, its subcommittee or staff may subpoena witnesses, records
and documents, including records and documents maintained by a
health care facility or other service organization or person
related to the delivery of emergency medical services, in any
investigation or hearing it conducts.

 
2. Notice. The board shall notify the licensee of the
content of a complaint filed against the licensee as soon as
possible, but in no event later than 60 days after the board or
staff receives the initial pertinent information. The licensee
has the right to respond within 30 days in all cases except those
involving an emergency denial, suspension or revocation, as
described in the Maine Administrative Procedure Act, Title 5,
chapter 375, subchapter V 5. If the licensee's response to the
complaint satisfies the board or staff 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.

 
3. Informal conference. If, in the opinion of the board, its
subcommittee or staff, the factual basis of the complaint is or
may be true and the complaint is of sufficient gravity to warrant
further action, the board or staff 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, subcommittee or staff, 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 administrative or judicial hearing unless all
parties consent. The licensee may, without prejudice, refuse to
participate in an informal conference if the licensee prefers to
request an adjudicatory hearing. If the licensee participates in
the informal conference, the licensee waives the right to object
to a participant at the hearing who participated at the informal
conference.

 
4. Further action. If the board, its subcommittee or staff
finds that the factual basis of the complaint is true and is of


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