§ 5-20.5-15 - Hearings before revocation or suspension of license.
SECTION 5-20.5-15
§ 5-20.5-15 Hearings before revocation orsuspension of license. – (a) Before refusing to issue a license or suspending or revoking a license onits own motion, the division of professional regulation shall notify theapplicant or licensee of its intended action and the grounds for the action.The applicant or licensee may, within twenty (20) days file with the division,in triplicate, a request for a hearing stating his or her answer to the groundsspecified in the notification. The division shall consider the answer and set adate for a hearing, notifying the applicant or licensee of the date at leasttwenty (20) days prior to the hearing date.
(2) Before refusing to issue a license or suspending orrevoking an existing license upon the verified written complaint of any personstating a cause of action under § 5-20.5-17, the department of businessregulation shall, in writing, notify the accused applicant or licensee of itsreceipt of the complaint, enclosing a copy of the complaint. The accusedapplicant or licensee shall within twenty (20) days, file with the department,in quadruplicate, his or her answer to the complainant or complainants.
(3) The division shall transmit a copy of the answer to thecomplainant or complainants and set a time and place for a hearing, which is atleast twenty (20) days prior to the hearing date.
(4) All notices and answers required or authorized to be madeor filed under this section may be served or filed personally, or by certifiedmail to the last known business address of the addressee. If served personally,the time runs from the date of service; if by registered mail, from thepostmarked date of the letter enclosing the document.
(5) At the discretion of the division, hearings are open tothe public and the applicant or licensee has an opportunity to be heard inperson or by counsel. The division shall render a decision on any applicationor complaint within sixty (60) days after the final hearing in the matter andshall immediately notify the parties to the proceedings, in writing, itsruling, order or decision. In the event the matter contained in the complainthas been filed or made a part of a case pending in any court in this state, thedivision may then withhold its decision until the court action has beenconcluded. Hearings shall be held in accordance with rules promulgated by thedivision in conformity with law.
(b) Any unlawful act or violation of any of the provisions ofthis chapter by any salesperson is not cause for the suspension or revocationof the license of the broker with whom he or she is affiliated unless itappears to the satisfaction of the division of professional regulation that thebroker had knowledge of the unlawful act or violation.
(c) The division of professional regulation is authorized andempowered to issue subpoenas for the attendance of witnesses and the productionof records or documents. The process issued by the division may extend to allparts of the state, and the process may be served by any person designated bythe division. The person serving that process shall receive any compensationthat is allowed by the division, not to exceed the fee prescribed by law forsimilar services. All witnesses subpoenaed who appear in any proceedings beforethe division shall receive the same fees and mileage allowances allowed by law,and all those fees and allowances are taxed as part of the cost of theproceedings.
(d) Where, in any proceeding before the division ofprofessional regulation, any witness fails or refuses to attend upon subpoenaissued by the division, or refuses to testify, or refuses to produce anyrecords or documents the production of which is called for by the subpoena, theattendance of the witness and the giving of his or her testimony and theproduction of the documents and records shall be enforced by any court ofcompetent jurisdiction of this state in the same manner as are enforced theattendance, testimony of witnesses, and production of records in civil cases inthe courts of this state.