LD 1373
pg. 4
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LR 1273
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described in Title 5, chapter 375, subchapter 5.__If the
certificate holder's response to the complaint satisfies the
bureau 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.

 
C.__If, in the opinion of the bureau, the factual basis of a
complaint under this subsection is or may be true and the
complaint is of sufficient gravity to warrant further
action, the bureau may request an informal conference with
the certificate holder.__The bureau shall provide the
certificate holder with adequate notice of the conference
and of the issues to be discussed.__The conference must be
conducted in executive session of the bureau pursuant to
Title 1, section 405 unless otherwise requested by the
certificate holder.__Statements made at the conference may
not be introduced at a subsequent formal administrative or
judicial hearing unless all parties consent.__The
certificate holder may, without prejudice, refuse to
participate in an informal conference if the certificate
holder prefers to request an adjudicatory hearing.__If the
certificate holder participates in the informal conference,
the certificate holder waives the right to object to a
participant at the hearing who participated at the informal
conference.

 
D.__If the bureau finds that the factual basis of a
complaint under this subsection is true and is of sufficient
gravity to warrant further action, it may take any of the
following actions.

 
(1)__The bureau may negotiate a consent agreement with
the certificate holder that fixes the period and terms
of probation necessary to protect the public health and
safety and to rehabilitate or educate the certificate
holder.__A consent agreement may be used to terminate a
complaint investigation, if entered into by the bureau,
the certificate holder and the Attorney General.

 
(2)__If a certificate holder voluntarily surrenders a
certificate, the bureau may negotiate stipulations
necessary to ensure protection of the public health and
safety and the rehabilitation or education of the
certificate holder.__These stipulations may be set
forth only in a consent agreement signed by the bureau,
the certificate holder and the Attorney General.

 
(3)__If the bureau concludes that modification, nonrenewal or
suspension of a certificate is in order, the bureau shall so
notify the certificate holder and


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