16- 633 C.M.R. ch. 27, § 3

Current through 2024-51, December 18, 2024

Section 633-27-3 - Hearings

1. If, following an investigation, the director determines that the complaint should be set for hearing for any reason, including to resolve issues of substantial public interest or to make credibility determinations, the director shall serve the licensee with the notice of complaint and request for hearing in accordance with 5 M.R.S. §§ 9051(3) and 9052 and shall file a copy with the Board.

2. In the event of a hearing, the provisions of the Administrative Procedure Act, Title 5, Chapter 375, subchapter 4 will govern.

3. When the circumstances of a particular proceeding require more detailed procedures than those set forth in this rule, additional procedures may be specified by the hearing officer, by order applicable to that particular proceeding.

4. When a hearing is held, the Board may appoint a hearing officer in conformity with the provisions of the Administrative Procedure Act to conduct the hearing and to make the proposed findings of fact and conclusions of law. If the Board appoints a hearing officer to perform these tasks, the hearing may take place outside of the Board's presence.

5. Following a hearing, any proposed findings of fact, or any proposed decision prepared by the hearing officer shall be in writing. A copy shall be provided to each party, with the opportunity to file responses or exceptions. The hearing officer shall set the time within which responses or exceptions may be filed. The hearing officer may amend the proposed findings of fact or decision based upon the responses and exceptions filed. A decision of the Board upon a recommended decision of the hearing officer constitutes final agency action.

6. For each violation of 8 M.R.S. Chapter 31, the Board's rules, or conditions of licensure or registration, the Board may take one or more of the following actions in accordance with 8 M.R.S. §1053(1):

A. Issue a warning, censure or reprimand to a licensee or registrant. Each warning, censure or reprimand issued must be based upon a violation of a different applicable law, rule or condition of licensure or must be based upon a separate instance of actionable conduct or activity;

B. Suspend a license or registration for up to 360 days for each violation of an applicable law, rule or condition of licensure or registration or instance of actionable conduct or activity. Suspensions may be set to run concurrently or consecutively. Execution of all or any portion of a term of suspension may be stayed pending successful completion of conditions of probation, although the suspension remains part of the licensee's or registrant's record;

C. Revoke a license or registration;

D. Impose a fine of up to $100,000 for each violation of an applicable law, rule or condition of licensure or registration or instance of actionable conduct or activity;

E. Impose conditions of probation upon a licensee or registrant. Probation may run for such time period as the Board determines appropriate; and

F. Impose costs of investigation and hearing.

16- 633 C.M.R. ch. 27, § 3