Rep. Angelo Saviano
Adopted in House on Jun 20, 2007
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1 | AMENDMENT TO HOUSE BILL 128
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2 | AMENDMENT NO. ______. Amend House Bill 128, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 18, by replacing lines 11 through 17 with the | ||||||
5 | following: | ||||||
6 | "Board and the Secretary
Director . The
Board shall have 60 days | ||||||
7 | from receipt of the report to review the
report of the hearing | ||||||
8 | officer and present its findings of fact,
conclusions of law | ||||||
9 | and recommendation to the Secretary
Director . If the
Board | ||||||
10 | fails to present its report within the 60 day period, the | ||||||
11 | respondent may request in writing a direct appeal to the | ||||||
12 | Secretary, in which case the Secretary shall, within 7 calendar | ||||||
13 | days after the request, issue an order directing the Board to | ||||||
14 | issue its findings of fact, conclusions of law, and | ||||||
15 | recommendations to the Secretary within 30 calendar days after | ||||||
16 | such order. If the Board fails to issue its findings of fact, | ||||||
17 | conclusions of law, and recommendations within that time frame | ||||||
18 | to the Secretary after the entry of such order, the Secretary |
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1 | shall, within 30 calendar days thereafter, issue an order based | ||||||
2 | upon the report of the hearing officer and the record of the | ||||||
3 | proceedings or issue an order remanding the matter back to the | ||||||
4 | hearing officer for additional proceedings in accordance with | ||||||
5 | the order. If (i) a direct appeal is requested, (ii) the Board | ||||||
6 | fails to issue its findings of fact, conclusions of law, and | ||||||
7 | recommendations within the 30-day mandate from the Secretary or | ||||||
8 | the Secretary fails to order the Board to do so, and (iii) the | ||||||
9 | Secretary fails to issue an order within 30 calendar days | ||||||
10 | thereafter, then the hearing officer's report is deemed | ||||||
11 | accepted and a final decision of the Secretary. Notwithstanding | ||||||
12 | any other provision of this Section, if the Secretary, upon | ||||||
13 | review, determines that substantial justice has not been done | ||||||
14 | in the revocation, suspension, or refusal to issue or renew a | ||||||
15 | license or other disciplinary action taken as the result of the | ||||||
16 | entry of the hearing officer's report, the Secretary may order | ||||||
17 | a rehearing by the same or other examiners
the
Director shall | ||||||
18 | issue an order based on the report of the hearing
officer . If | ||||||
19 | the Secretary
Director determines".
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