Sec. 10.38.05.13. Summary Suspensions

A. The Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare.

B. Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue:

(1) A notice of an intent to summarily suspend a license; or

(2) An order of summary suspension.

C. If the Board votes to issue a notice of intent to summarily suspend or an order of summary suspension, the Board shall refer the matter to an administrative prosecutor for prosecution.

D. Service of the notice of intent to summarily suspend a license shall be made by:

(1) Hand delivery in person to the respondent;

(2) Certified mail to the address the respondent is required to maintain with the Board; or

(3) Other reasonable means to effect service.

E. Notice of Intent to Summarily Suspend.

(1) A notice of intent to summarily suspend a license shall include, but is not limited to:

(a) A proposed order of summary suspension which is unexecuted by the Board and which includes:

(i) The statutory authority on which the action has been taken;

(ii) Allegations of fact which the Board believes demonstrate a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and

(iii) Notice to the respondent of the right to request an evidentiary hearing of the summary suspension if the Board executes the proposed order of summary suspension; and

(b) An order or summons to appear before the Board:

(i) To show cause why the Board should not execute the order of summary suspension; and

(ii) Which notifies the respondent of the consequences of failing to appear.

(2) Predeprivation Hearing.

(a) If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause why the respondent’s license should not be summarily suspended.

(b) The show cause hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the proposed summary suspension.

(c) The presiding officer:

(i) Shall determine all procedural issues;

(ii) May impose reasonable time limits on each party’s oral argument; and

(iii) Shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the show cause hearing.

F. Order of Summary Suspension.

(1) The Board may order the summary suspension of a license without first issuing a notice of intent to summarily suspend or providing a respondent with a predeprivation hearing if the Board determines that the threat to public health, safety, and welfare requires the immediate suspension of the license.

(2) Post-Deprivation Hearing.

(a) The respondent shall be provided with a show cause hearing within a reasonable time after the effective date of the order of summary suspension.

(b) The show cause hearing pursuant to §F(2)(a) of this regulation shall:

(i) Be conducted before the Board as provided in §E(2) of this regulation; and

(ii) Provide the respondent with an opportunity to show cause why the Board should lift the summary suspension.

(3) After a show cause hearing, if the Board votes to continue the summary suspension, the respondent may request an evidentiary hearing before the Board.

(4) An evidentiary hearing:

(a) May be consolidated with a hearing on charges issued by the Board which include the facts which form the basis for the summary suspension; and

(b) Shall be conducted pursuant to the Administrative Procedure Act.

G. Disposition.

(1) If the Board issues a notice of intent to summarily suspend a license, the Board may, after the show cause hearing, vote to:

(a) Order a summary suspension;

(b) Deny the summary suspension;

(c) Enter into a consent order; or

(d) Enter into any interim order warranted by the circumstances of the case, including one providing for the stay of the summary suspension subject to certain conditions.

(2) If the Board orders a summary suspension before a show cause hearing, the Board may, at the conclusion of the show cause hearing, vote to:

(a) Affirm its order of summary suspension;

(b) Rescind the order of summary suspension;

(c) Enter into a consent order; or

(d) Enter into any interim order warranted by the circumstances of the case, including one providing for a stay of the summary suspension subject to certain conditions.

(3) An order for summary suspension or any other order of the Board issued after the initiation of summary suspension proceedings is a:

(a) Final order of the Board; and

(b) Public record.