18-315 Hearings Flashcards
Under what act shall the Board give notice and hold the hearing in accordance with?
Administrative Procedure Act
What rights does an individual licensee whom has charges brought against them have?
1) right to a hearing - an opportunity for a hearing before the Board before any action is taken against them.
2) right to counsel - the individual may be represented at the hearing by counsel.
How shall the licensee be given notice regarding a hearing?
The individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the U.S. Postal Service, to the last known address of the individual at least 10 days before the hearing.
May the Board issue subpoenas and administer oaths? Can the Board submit subpoenas on behalf of an individual? What happens if an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question?
Yes, over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before the Board.
Yes, if the individual requests that the Board do so and states under oath that the testimony or evidence sought is necessary to the individual’s defense.
On petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
What is the rule re: ex parte (in your absence) hearings?
If after due notice the individual against whom the action is contemplated fails to or refuses to appear for the hearing, nevertheless the Board may hear and determine the matter.
What is the rule re: procedural defects not ground for stay or challenge of hearing? What does this mean?
The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges. That is, charges won’t be dropped just because of a procedural technicality.
