Revised 12/5/2024 - New Board Members Handbook 17 Probable Cause Panel Process Complaints that have been determined to be legally sufficient are forwarded to PSU for prosecution; typically, this occurs once an investigation is completed. A case is assigned to a prosecutor, who reviews the file and determines what, if any, violations of a particular practice act may be brought and then prepares the appropriate pleadings for submission to the PCP. A prosecutor may recommend dismissal of a case due to insufficient evidence. A prosecutor may also recommend dismissal with a letter of guidance where there is evidence to support a violation but the panel may issue a letter of guidance in lieu of an Administrative Complaint (AC). An Administrative Complaint is recommended when there is probable cause that the Respondent committed a violation. Once probable caused is found, the AC is filed with the Agency Clerk and served on the Respondent. Once Respondent is served with the AC, the Respondent has 21 days to return the Election of Rights form requesting either a formal or informal hearing, or returning an executed settlement agreement. Types of cases presented to the board Informal The Respondent may request a hearing not involving disputed issues of material fact in the (AC). At the informal proceeding, the Subject would be permitted to present both written and oral evidence in mitigation of any disciplinary action. Formal Hearing/Recommended Order The Respondent may request a hearing involving disputed issues of material fact alleged in the AC by submitting a petition for referral to the Division of Administrative Hearings (DOAH). A formal hearing is conducted before an Administrative Law Judge (ALJ) at DOAH. After the hearing the ALJ issues a Recommended Order (RO) regarding the findings of fact and conclusions of law. The RO is presented to the board for adoption. If the board wishes to change any findings of fact or conclusions of law, it must find competent substantial evidence in the case record to support the change. Settlement Agreement The Respondent may submit a signed settlement agreement that is negotiated by the Prosecutor and the Respondent (or attorney). The Settlement Agreement must be adopted/approved by board before it is effective. Waiver/Default If the Respondent does not respond to the allegations in the AC within 21 days of service, the case will proceed without their participation in the outcome of the case. Voluntary Relinquishment The Respondent may also elect to voluntarily relinquish the license. The voluntary relinquishment, if accepted by the board, would constitute disciplinary action if there is an open complaint. Key timelines n 180 days to investigate a complaint and recommend findings to probable cause panel n 20 days for Subject to respond to complete investigative file following request for file n 21 days to respond or file election of rights n 45 days to refer case to DOAH following election of formal hearing n 30-70 days from the referral to DOAH in which ALJ sets hearing date n 6-year statute of limitation (SOL); There are exceptions to this that either eliminate an SOL or expand it to 12 years n 30 days to appeal final order
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