§ 5-44-19 - Procedure for discipline.
SECTION 5-44-19
§ 5-44-19 Procedure for discipline. –(a) When a sworn complaint is filed with the board charging a person with beingguilty of any of the actions specified in § 5-44-18, the department shallimmediately investigates those charges, or, the board, after investigation, mayinstitute charges.
(b) If the investigation reveals reasonable grounds forbelieving that the applicant or psychologist is guilty of the charges, theboard shall fix a time and place for a hearing, and shall serve a copy of thecharges, together with a notice of the time and the place fixed for thehearing, personally upon the accused at least twenty (20) days prior to thetime fixed for the hearing.
(2) When personal service cannot be effected and that fact iscertified by oath by any person authorized to make service, the board shallpublish once in each of two (2) successive weeks, a notice of the hearing in anewspaper published in the county where the accused last resided according tothe records of the board and shall mail a copy of the charges and of the noticeto the accused at his or her last known address.
(3) When publication of notice is necessary, the date of thehearing shall not be less than twenty (20) days after the last date ofpublication of the notice.
(c) At the hearing, the accused has the right to appearpersonally or by counsel or both, to produce witnesses and evidence on his orher behalf, to cross-examine witnesses, and to have subpoenas issued by theadministrator of professional regulation.
(2) The attendance of witnesses and the production of books,documents, and papers at the hearing may be compelled by subpoenas issued bythe department, which shall be served in accordance with law.
(3) The department shall administer oaths as necessary forthe proper conduct of the hearing.
(4) The board is not bound by the strict rules of procedureor by the laws of evidence in the conduct of its proceedings, but thedetermination shall be based upon sufficient legal evidence to sustain it.
(d) If the accused is found guilty of the charges, the boardmay refuse to issue a registration to the applicant, or may revoke or suspendhis or her license, or discipline that person.
(e) Upon the revocation or suspension of any license, thelicense holder shall surrender the license to the department who shall indicatesame in the licensure verification database.
(f) A revocation or suspension of license may be reviewed atthe discretion of the board, or at the initiative of the department who mayorder a rehearing of the issue if he or she finds cause.