Section 8-7 - Summary Suspension (a) Recommendation. If the DC recommends summary suspension, the Board shall conduct an expedited proceeding to determine whether the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.
(b) Notice of Intent to Recommend Summary Suspension. - (i) The DC shall notify the licensee of its intent to recommend summary suspension;
- (ii) The Notice of Intent shall contain:
- (A) Copy of the complaint;
- (B) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Board members may be assembled; and
- (C) Statement that failure to answer the complaint or appear at the proceeding may result in default.
(c) Notice of Expedited Proceeding. Upon confirmation of the date and time of the expedited proceeding, Board staff shall notify the licensee in writing of the date and time of the proceeding.
(d) Scope of Expedited Proceeding. - (i) Summary Suspension proceedings shall not be governed by Section 26 Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.
- (ii) The expedited proceeding shall be limited to a presentation of the evidence the DC believes warrants summary suspension.
- (iii) The Board shall order summary suspension if it concludes probable cause exists that the licensee's continued practice presents a clear and imminent danger to public health, safety or welfare. The Board shall incorporate a finding to that effect in an order granting summary suspension.
Amended, Eff. 10/25/2016.
Amended, Eff. 11/19/2018.