§ 5-63.2-22 - Procedure for discipline.
SECTION 5-63.2-22
§ 5-63.2-22 Procedure for discipline.– When a sworn complaint is filed with the board charging a person with havingbeen guilty of any of the actions specified in § 5-63.2-20, the divisionof professional regulation shall immediately investigates the charges, or, theboard, after investigation, may institute charges. In the event theinvestigation reveals reasonable grounds for believing that the applicant orperson licensed under this chapter is guilty of the charges, the board shallfix a time and place for a hearing, and shall cause a copy of the charges,together with a notice of the time and the place fixed for a hearing, to bepersonally served upon the accused at least twenty (20) days prior to the timefixed for the hearing. When personal service cannot be effected and the fact iscertified by oath by any person authorized to make service, the board shallcause to be published once in each of two (2) successive weeks, a notice of thehearing in a newspaper published in the county where the accused last residedaccording to the records of the board and shall mail a copy of the charges andthe notice to the accused at his or her last known address. When publication ofnotice is necessary, the date of the hearing shall not be less than twenty (20)days after the last date of publication of the notice. At the hearing theaccused has the right to appear personally or by counsel or both, to producewitnesses and evidence on his or her behalf, to cross-examine witnesses and tohave subpoenas issued by the administrator of professional regulation. Theattendance of witnesses and the production of books, documents and papers atthe hearing may be compelled by subpoenas issued by the administrator, which isserved in accordance with law. At the hearing the administrator shalladminister oaths that are necessary for the proper conduct of the hearing. Theboard shall not be bound by the strict rules of procedure or by the laws ofevidence in the conduct of its proceedings, but the determination shall bebased upon sufficient legal evidence to sustain it. If the accused is foundguilty of the charges, the board may refuse to issue a registration to theapplicant or may revoke or suspend his or her license or discipline the person.Upon the revocation or suspension of any license the holder shall surrender thelicense to the administrator of professional regulation who shall strike thename of the holder from the register of licensed clinical mental healthcounselors and/or licensed marriage and family therapists. A revocation orsuspension of a license may be reviewed at the discretion of the board or atthe initiative of the administrator of professional regulation who may order arehearing of the issue if he or she finds cause.