Section 1900.920  Hearings in Disciplinary Actions

a)         Should a respondent wish to contest the proposed disciplinary action, the licensee must submit a response to the notice of proposed disciplinary action described in Section 1900.915 to the Administrator.

b)         All responses shall be in writing. The response shall contain the following:

1)         The name, current address and current telephone number of the licensee;

2)         A clear and concise statement admitting or denying each of the factual allegations set forth in the notice of proposed disciplinary action, with each admission or denial being shown in separately numbered paragraphs corresponding to the separately numbered paragraphs in the notice of proposed disciplinary action;

3)         For all factual allegations that the licensee denies, a clear and concise statement of facts upon which the licensee relies or will rely on at a hearing;

4)         A signature of the licensee;

5)         A verification of the licensee in the following form:

"The undersigned certifies that the statements set forth in this request are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he or she verily believes the same to be true."; and

6)         The response must be notarized.

c)         The response must be filed within 21 days after the date of service of the notice of proposed disciplinary action.  A response shall be deemed filed on the date the e-mail is transmitted or on which it is postmarked.

d)         If a response is not filed within 21 days after service of the notice of proposed disciplinary action then the proposed disciplinary action becomes effective and final immediately.

e)         No response shall be deemed filed if it fails to comply with any of the requirements of this Section.

f)         The licensee may submit a response by:

1)         Personal delivery;

2)         Certified U.S. Mail, postage prepaid;

3)         Overnight express mail, postage prepaid; or

4)         E-mail.

g)         All personally delivered or mailed responses must be submitted to the Administrator at the address provided in the notice of proposed discipline.  All responses sent by email must be submitted to the email address provided in the notice of proposed discipline.

h)         If a response is properly filed, an ALJ will be appointed to conduct a hearing.