Sec. 10.25.15.08. Commission Oversight of State-Designated MSOs

A. Commission staff may, on its own initiative or in response to information provided to the Commission, investigate any State-Designated MSO or applicant for State Designation.

B. Following an investigation, the Executive Director may issue a notice of proposed action, which may include the following:

(1) A time-limited opportunity to correct deficiencies identified by the investigation;

(2) Suspension of the State Designation of an MSO for a definite period of time after which, depending upon the circumstances of the case and completion of appropriate corrective actions, the MSO may seek reinstatement of its State Designation; or

(3) Revocation of State Designation.

C. An MSO that receives a notice of proposed action from the Executive Director may request an opportunity to show cause why the proposed action should not be implemented. A written request to show cause shall be filed with the Commission within 20 days of the issuance of the notice of proposed action and shall:

(1) State with particularity the grounds and factual basis for the applicant’s disagreement with the denial;

(2) Include each fact upon which the person relies to show cause why the proposed action should not be taken; and

(3) Be supported by relevant documentation and affidavits.

D. The Commission may determine whether or not to impose the proposed action or a different action:

(1) After considering the written show cause filing by the MSO and any response by Commission staff; or

(2) After hearing oral arguments on the written filings by the MSO and staff.