15.14.02.04

.04 Board Actions and Case Resolution Procedures.

A. The Board may resolve or dispose of a complaint by any of the following:

(1) Consent agreement and order;

(2) Civil penalty final order;

(3) Consent agreement and censure;

(4) Disposition agreement;

(5) Dismissal;

(6) Final order;

(7) Letter of advice;

(8) Letter of admonishment;

(9) Probation;

(10) Referral to appropriate authorities;

(11) Referral to mediation;

(12) Stay;

(13) Stet; or

(14) Other authorized action of the Board.

B. After the issuance of a notice of Board action and charging document to a licensee, the Board and the licensee may voluntarily agree to enter into any of the following confidentialcase resolution procedures, which may result in a formal or informal action of the Board:

(1) A case resolution conference call or meeting;

(2) Settlement negotiations; or

(3) Mediation of interested parties.

C. A case resolution procedure shall be completed within 180 days of issuance of a notice of Board action, unless the Board finds good cause to grant additional time upon a written request and showing by the licensee.

D. The Board may issue a default order to a licensee who, without good cause, fails to respond to a notice of agency action or to comply with a Board order.

E. A licensee who receives a default order may request a nonevidentiary show cause hearing within 10 days of receipt of the order.

F. If the Board and a licensee are unable to reach an agreement, the matter may proceed to a hearing, if the licensee requested a hearing in writing in a timely manner.

G. The Board in its discretion may abrogate a prior order or issue a modified order.

H. Except for consideration of a proposed resolution of a case, admissions, facts revealed, proposals, or positions taken, unless the information is available from other sources or through discovery, are not admissible in a contested case hearing.

I. Participation in a case resolution procedure is not ordinarily a basis for recusal of Board member from further proceedings in a case.