3 Colo. Code Regs. § 713-18.4

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 713-18.4 - SUSPENSIONS PURSUANT TO SECTION 12-240-125(7), C.R.S

In the event that any licensee is determined to be mentally incompetent or insane by a court of competent jurisdiction and a court enters an Order making findings of such a degree that a licensee is incapable of continuing to practice, the Board shall automatically suspend the licensee's license pursuant to section 12-240-125(7), C.R.S.

Any suspension shall continue until the licensee is found by such court to be competent to practice.

A. When the Board orders suspension of a license pursuant to section 12-240-125(7), C.R.S., the Board shall:

1. Provide notice to the licensee of the suspension. Board staff shall give notice to the licensee by first class mail and shall send notice to the licensee's address of record pursuant to Board Rule 270;

2. Issue the notice within seventy-two hours of the suspension, excluding interim weekends and state holidays from the calculation; and,

3. Include the following information:

a. A statement of the general nature of the issues that led to suspension. Such statement of the general nature of the issues that led to suspension need not be as comprehensive or detailed as a formal charging document in a hearing conducted pursuant to the Administrative Procedure Act;

b. A statement instructing that the licensee may request a post-suspension hearing before the Inquiry Panel at its next meeting for the limited purpose of providing evidence that the licensee either has not been determined or is no longer determined to be incompetent or insane by a court and to request that the Suspension Order be set aside;

c. A statement informing the licensee of the next regularly scheduled agenda deadline and the date and time of the next regularly scheduled meeting;

d. A statement informing the licensee that written material, up to a limit of 30 pages, may be submitted by the same deadline;

e. A statement that written material submitted by this deadline will be provided to the Inquiry Panel members prior to the meeting;

f. A statement that written material not submitted by the agenda deadline may be presented during the hearing at the Inquiry Panel Chair's discretion; and,

g. A statement that the licensee may make a request for a hearing at any time after the court makes a determination that the licensee is no longer determined by the court to be incompetent or insane. Such request, with any accompanying documents, shall be placed onto the agenda for the next regularly scheduled agenda deadline.

3 CCR 713-18.4

38 CR 24, December 25, 2015, effective 1/14/2016

40 CR 12, June 25, 2017, effective 7/15/2017

40 CR 23, December 10, 2017, effective 12/30/2017