|SB 0205||Administrative actions|
|Last Action:||04/11/95 - Reported Do Pass w/HCA 1 H Prof. Registration & Lic. (HJ-p. 15)|
|Effective Date:||August 28, 1995|
HCS/SB 205- This act allows matters other than contested cases between licensees and Professional Boards to be resolved by consent agreement or settlement. To enter into a consent agreement, a Professional Board must first: 1) provide the licensee with notice of the general nature of the allegations or file a contested case against such party at least thirty days prior to offering the settlement proposal and allow the licensee an opportunity to respond; 2) allow the licensee at least thirty days to consider such settlement agreement after such agreement is mailed; 3) advise the licensee that he may submit the agreement to the Administrative Hearing Commission (AHC) to determine whether the facts agreed to by the parties constitute grounds for denying or disciplining the licensee's license; and 4) inform the licensee that he may consult with an attorney.
If the licensee wants the AHC to review the agreement, the licensee may withdraw from the settlement and any admissions made by the licensee pursuant to the agreement shall be deemed withdrawn. No agreement shall become final until the AHC enters findings of fact and law stating that the facts agreed to by the Board and licensee are grounds for denying or disciplining the licensee's license. Any party settling prior to the effective date of this act shall have six months after the effective date to file an action in Cole County Circuit Court contesting the state agency's authority to enter into such a settlement or agreement.
See Truly Agreed To HCS/SS/SB 3.