Registration and Regulation Committee
Adopted in House Comm. on Jul 11, 2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 128 




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    AMENDMENT NO. ______. Amend Senate Bill 128 on page 27, by 
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replacing lines 14 through 19 with the following:
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"report, the
The Board shall have at least 60 days after

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receipt of the
report to review it and to present its findings 
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of fact, conclusions of law
and recommendation to the Secretary

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Director. If the Board does not present its
report within the 
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60 days period, the respondent may request in writing a direct 
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appeal to the Secretary, in which case the Secretary shall, 
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within 7 calendar days after the request, issue an order 
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directing the Board to issue its findings of fact, conclusions 
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of law, and recommendations to the Secretary within 30 calendar 
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days after such order.  If the Board fails to issue its findings 
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of fact, conclusions of law, and recommendations within that 
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time frame  to the Secretary after the entry of such order, the 
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Secretary shall, within 30 calendar days thereafter, issue an 
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order based upon the report of the hearing officer and the 
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record of the proceedings or issue an order remanding the 
 


 






09500SB0128ham001
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matter back to the hearing officer for additional proceedings 
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in accordance with the order.  If (i) a direct appeal is 
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requested, (ii) the Board fails to issue its findings of fact, 
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conclusions of law, and recommendations within the 30-day 
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mandate from the Secretary or the Secretary fails to order the 
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Board to do so, and (iii) the Secretary fails to issue an order 
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within 30 calendar days thereafter, then the hearing officer's 
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report is deemed accepted and a final decision of the 
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Secretary.  Notwithstanding any other provision of this 
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Section, if the Secretary, upon review, determines that 
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substantial justice has not been done in the revocation, 
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suspension, or refusal to issue or renew a license or other 
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disciplinary action taken as the result of the entry of the 
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hearing officer's report, the Secretary may order a rehearing 
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by the same or other examiners
the
Director may issue an order

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based on
the report of the hearing officer. If the Secretary

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Director".