Businesses and Professions
§ 5-25-15 Procedure for discipline of
(a) When a written allegation is filed with the division charging a person with
having been guilty of any of the actions specified in § 5-25-14, the
division of professional regulation shall immediately investigate those charges.
(b) In the event the investigation reveals reasonable grounds
for believing that the applicant or veterinarian is guilty of the charges, upon
the recommendation of the division or the administrator, the director shall fix
a time and place for hearing the charges, and shall cause a copy of the charges
together with a notice of the time and the place fixed for the hearing to be
served personally upon the accused at least twenty (20) days prior to the time
fixed for the hearing. When personal service cannot be effected and that fact
is certified, by oath, by any person duly authorized to make service, the
division shall cause to be published once in each of two (2) successive weeks,
a notice of the hearing in a newspaper published in the county where the
accused last resided according to the records of the division and shall mail a
copy of the charges and of the notice to the accused at his or her last known
address. When publication of notice is necessary, the date of the hearing shall
not be less than twenty (20) days after the last date of publication of the
notice. At the hearing, the accused shall have the right to appear personally
or by counsel or both, to produce witnesses and evidence on his or her behalf,
to cross-examine witnesses and to have subpoenas issued by the administrator of
the division of professional regulation. The attendance of witnesses and the
production of books, documents, and papers at the hearing may be compelled by
subpoenas issued by the administrator, which shall be served in accordance with
law. At the hearing, the administrator shall administer oaths as are necessary
for the proper conduct of the hearing. The division shall not be bound by the
strict rules of procedure or by the laws of evidence in the conduct of its
proceedings, but the determination shall be based upon sufficient legal
evidence to sustain it. If the accused is found guilty of the charges, the
division may refuse to issue a registration to the applicant or may revoke or
suspend their license or otherwise discipline that person.
(c) Upon the revocation or suspension of any license, the
holder of the license shall surrender the license to the administrator of the
division who shall strike the name of the holder from the register.
(d) A revoked or suspended license may be reviewed at the
discretion of the division.
History of Section.
(P.L. 1985, ch. 531, § 2.)