TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION
SUBCHAPTER a: ADMINISTRATIVE RULES
PART 1110 RULES OF PRACTICE IN ADMINISTRATIVE HEARINGS
SECTION 1110.240 COMMITTEE REPORTS


 

Section 1110.240  Committee Reports

 

a)         In every contested case, the Committee will file a written report which contains its Findings of Fact and Conclusions of Law with respect to the allegations contained in the Complaint or Petition for Hearing, and its Recommendation to the Director.

 

b)         In a case instituted by the Department, the recommendation to the Director may be:

 

1)         That a license not be issued;

 

2)         That a license not be renewed;

 

3)         That a license be issued;

 

4)         That a license be renewed;

 

5)         That a license be issued or renewed subject to discipline;

 

6)         That a license be disciplined; or

 

7)         That a license remain in good standing.

 

c)         Where the recommendation is for discipline, the Committee will include its specific recommendation as to type and duration.

 

d)         In any case in which a special committee is designated, the report prepared by the special committee will have the same force and effect as a report prepared by a Committee.

 

e)         In any case in which a Committee is unable to agree on a Recommendation to the Director, the Director may instruct the individual members to make recommendations, and thirty days thereafter may take such action as is otherwise authorized by statute upon the action and report in writing of the Committee.

 

f)         The Committee may request that any hearing officer, any Department attorney, or any attorney representing the Petitioner or Respondent assist in preparing a draft Committee Report for its consideration.

 

g)         When a Committee forwards its report to the Director, all parties will receive Notice.  Within twenty days after such report is forwarded, either party may request that a rehearing, or additional hearings, be ordered by the Director.  A rehearing shall be ordered by the Director when the Director determines that substantial justice has not been done.

 

h)         When a Committee is unable to agree on a recommendation, all parties will receive Notice of the date on which individual members are requested to file recommendations.  When any member forwards such a recommendation, all parties will receive Notice, and may request a rehearng or additional hearings within twenty days of the date on which the first such recommendation is forwarded; if no recommendation is made, the request will be made within thirty days of the date instructions are given to file individual recommendations.

 

i)          Any member of any Committee may join the Committee in its Recommendation to the Director, or may file a separate dissenting or concurring report at any time, whether or not such individual report is requested by the Director.

 

j)          Where a rehearing, or additional hearings are requested, the request shall be in the form of a motion, and shall state with specificity the reasons for the request.  If it is alleged that new evidence is available which was not available at the time of the hearing, the affidavit shall describe the new evidence, and reasons why it was not available for use at the hearing.

 

k)         Where a Committee or hearing officer grants any motion which would dispose of the case, it shall first afford the parties an opportunity to cure the defects in pleading or proof, and the ruling will be construed as a recommendation, rather than as a final agency decision; in such a case a Committee Report setting forth the ruling, the reasons therefore, and the effect of the ruling will be forwarded to the Director.