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2018 SESSION
SB 55 Professional and Occupational Regulation, Department of; disciplinary actions by regulatory boards.
Introduced by: Bill R. DeSteph, Jr. | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Department of Professional and Occupational Regulation; disciplinary actions by regulatory boards. Requires a regulatory board under the Department of Professional and Occupational Regulation to determine the factual basis for its decisions through an informal fact-finding conference under the Administrative Process Act (§ 2.2-4000 et seq.) unless the regulant and the regulatory board agree to resolve the matter through a consent order or the regulant consents to waive the conference to go directly to a formal hearing. If the conference is waived, or if it fails to dispose of the case by consent, the bill requires the regulatory board to conduct a formal hearing. The bill also provides that, if a regulant is successful in a motion to quash a subpoena duces tecum issued in furtherance of an investigation, the court shall award reasonable costs and attorney fees or $500, whichever is greater.
SUMMARY AS INTRODUCED:
Department of Professional and Occupational Regulation; disciplinary actions by regulatory boards. Requires a regulatory board under the Department of Professional and Occupational Regulation to determine the factual basis for its decisions through an informal fact-finding conference under the Administrative Process Act (§ 2.2-4000 et seq.) unless the regulant and the regulatory board agree to resolve the matter through a consent order or the regulant consents to waive the conference to go directly to a formal hearing. If the conference is waived, or if it fails to dispose of the case by consent, the bill requires the regulatory board to conduct a formal hearing. The bill also provides that, if a regulant is successful in a motion to quash a subpoena duces tecum issued in furtherance of an investigation, the court shall award reasonable costs and attorney fees or $500, whichever is greater.