| | | D.__Pursuant to rules adopted by the board, when it is | | determined__that confidentiality is no longer warranted due | | to general public knowledge of the circumstances surrounding | | the complaint or investigation and when the investigation | | would not be prejudiced by the disclosure; or |
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| | | E.__To the person investigated on request of that person. | | The director may refuse to disclose part or all of any | | investigative information, including the existence of an | | investigation if the director determines that disclosure | | would prejudice the investigation. The authority of the | | director to make such a determination may not be delegated. |
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| | | §1053.__Disciplinary action by the board |
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| | | 1.__Possible sanctions.__For each violation of this chapter or | | the rules or conditions of licensure or registration, the board | | may take one or more of the following actions: |
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| | | A.__Issue a warning, censure or reprimand to a licensee or | | registrant. Each warning, censure or reprimand issued must | | be based upon a violation of a different applicable law, | | rule or condition of licensure or must be based upon a | | separate instance of actionable conduct or activity; |
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| | | B.__Suspend a license or registration for up to 360 days for | | each violation of an applicable law, rule or condition of | | licensure or registration or instance of actionable conduct | | or activity. Suspensions may be set to run concurrently or | | consecutively. Execution of all or any portion of a term of | | suspension may be stayed pending successful completion of | | conditions of probation, although the suspension remains | | part of the licensee's or registrant's record; |
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| | | C.__Revoke a license or registration; |
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| | | D.__Impose a fine of up to $100,000 for each violation of an | | applicable law, rule or condition of licensure or | | registration or instance of actionable conduct or activity; |
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| | | E.__Impose conditions of probation upon a licensee or | | registrant. Probation may run for such time period as the | | board determines appropriate; and |
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| | | F.__Impose costs of investigation and hearing. |
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| | | 2.__Consent agreements.__The board may execute a consent | | agreement that resolves a complaint or investigation without | | further proceedings. Consent agreements may be entered into only | | with the consent of the licensee or registrant, the board and the |
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