|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 122
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 122, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, by replacing line 24 on page 21 through line 6 on page 22 | ||||||
5 | with the following: | ||||||
6 | "the
Secretary
Director . The Board
has 60 calendar days from | ||||||
7 | receipt of the report to
review the report of the hearing | ||||||
8 | officer and present its findings of fact,
conclusions of law | ||||||
9 | and recommendations to the Secretary
Director . If the Board | ||||||
10 | fails
to present its report within the 60 calendar day period, | ||||||
11 | the respondent may request in writing a direct appeal to the | ||||||
12 | Secretary, in which case the Secretary shall, within 7 calendar | ||||||
13 | days after the request, issue an order directing the Board to | ||||||
14 | issue its findings of fact, conclusions of law, and | ||||||
15 | recommendations to the Secretary within 30 calendar days after | ||||||
16 | such order. If the Board fails to issue its findings of fact, | ||||||
17 | conclusions of law, and recommendations within that time frame | ||||||
18 | to the Secretary after the entry of such order, the Secretary |
| |||||||
| |||||||
1 | shall, within 30 calendar days thereafter, issue an order based | ||||||
2 | upon the report of the hearing officer and the record of the | ||||||
3 | proceedings or issue an order remanding the matter back to the | ||||||
4 | hearing officer for additional proceedings in accordance with | ||||||
5 | the order. If (i) a direct appeal is requested, (ii) the Board | ||||||
6 | fails to issue its findings of fact, conclusions of law, and | ||||||
7 | recommendations within the 30-day mandate from the Secretary or | ||||||
8 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
9 | Secretary fails to issue an order within 30 calendar days | ||||||
10 | thereafter, then the hearing officer's report is deemed | ||||||
11 | accepted and a final decision of the Secretary. Notwithstanding | ||||||
12 | any other provision of this Section, if the Secretary, upon | ||||||
13 | review, determines that substantial justice has not been done | ||||||
14 | in the revocation, suspension, or refusal to issue or renew a | ||||||
15 | license or other disciplinary action taken as the result of the | ||||||
16 | entry of the hearing officer's report, the Secretary may order | ||||||
17 | a rehearing by the same or other examiners
the
Director may
| ||||||
18 | issue an order based on the report of the hearing officer .
If | ||||||
19 | the Secretary
Director disagrees".
|