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2013 SESSION

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HB 1641 Professional and Occupational Regulation, Department of; powers and duties of regulatory boards.

Introduced by: Barry D. Knight | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Department of Professional and Occupational Regulation; powers and duties of regulatory boards; waiver of informal fact-finding conference. Requires any regulator board within the Department of Professional and Occupational Regulation to provide a regulant subject to a disciplinary action with a notice advising the regulant of his right to be heard at an informal fact-finding conference pursuant to the Administrative Process Act. The bill requires that the notice state that if the regulant does not request an informal fact-finding conference within 30 days of receipt of the notice, the board may issue a case decision with judicial review of the case decision. If the regulant asserts his right to be heard prior to the board issuing its case decision, the board shall remand the case to an informal fact-finding conference. The bill provides that the required notice is to be sent by certified mail, return receipt requested or, if agreed to by the parties, electronic means, provided that the board retains sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery. The bill is identical to SB 1179.


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