1 Colo. Code Regs. § 212-3-9-9030

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-9-9030 - Summary Suspensions

Basis and Purpose - 9030

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-202(1)(c), 44-50-203(1)(a), 44-50-203(1)(b), 44-50-203(2)(l), 44-50-203(2)(m), 24-4-104(4)(a), 24-4-105, and 44-50-701, C.R.S. The purpose of this rule is to describe the conditions and process for disciplinary actions that involve summary suspension of a Natural Medicine License.

A.How a Summary Suspension is Initiated.

1. When the State Licensing Authority has reasonable grounds to believe and finds that a Licensee has been guilty of a deliberate and willful violation of any applicable law or regulation or that the public health, safety, or welfare imperatively requires emergency action it shall serve upon the Licensee a Summary Suspension Order that temporarily or summarily suspends the license.

2. The Summary Suspension Order shall identify the nature of the State Licensing Authority's basis for the summary suspension. The Summary Suspension Order shall also provide an advisement that the License may be subject to further discipline or revocation following a hearing on an Order to Show Cause.

3. Proceedings for suspension or revocation shall be promptly instituted and determined after the Summary Suspension Order is issued according to the following Procedure:

a. Either contemporaneously with, or promptly after the Summary Suspension Order is issued, the State Licensing Authority will issue and serve upon the Licensee an Order to Show Cause (administrative citation) as to why the Licensee's license should not be suspended, revoked, restricted, fined, or subject to other disciplinary sanction.

b. The Order to Show Cause will identify the statute, rule, regulation, or order allegedly violated, and the facts alleged to constitute the violation. The Order to Show Cause will also provide an advisement that the license could be suspended, revoked, restricted, fined or subject to disciplinary sanction should the charges contained in the Order to Show Cause be sustained upon final Hearing.

c. The Order to Show Cause shall be filed with the Department's Hearings Division. The hearing on the allegations set forth in the Order to Show Cause shall be expedited to the extent practicable and will be conducted in accordance with Rule 9040- Administrative Hearings.

B.Duration of Summary Suspension. Unless lifted by the State Licensing Authority, the Summary Suspension Order will remain in effect until issuance of a Final Agency Order.

1 CCR 212-3-9-9030

47 CR 17, September 10, 2024, effective 10/1/2024