Full Text of HB0128 95th General Assembly
HB0128ham002 95TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Adopted in House on Jun 20, 2007
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09500HB0128ham002 |
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LRB095 03936 RAS 37648 a |
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| AMENDMENT TO HOUSE BILL 128
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| AMENDMENT NO. ______. Amend House Bill 128, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, on page 18, by replacing lines 11 through 17 with the | 5 |
| following: | 6 |
| "Board and the Secretary
Director . The
Board shall have 60 days | 7 |
| from receipt of the report to review the
report of the hearing | 8 |
| officer and present its findings of fact,
conclusions of law | 9 |
| and recommendation to the Secretary
Director . If the
Board | 10 |
| fails to present its report within the 60 day period, the | 11 |
| respondent may request in writing a direct appeal to the | 12 |
| Secretary, in which case the Secretary shall, within 7 calendar | 13 |
| days after the request, issue an order directing the Board to | 14 |
| issue its findings of fact, conclusions of law, and | 15 |
| recommendations to the Secretary within 30 calendar days after | 16 |
| such order. If the Board fails to issue its findings of fact, | 17 |
| conclusions of law, and recommendations within that time frame | 18 |
| to the Secretary after the entry of such order, the Secretary |
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09500HB0128ham002 |
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LRB095 03936 RAS 37648 a |
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| shall, within 30 calendar days thereafter, issue an order based | 2 |
| upon the report of the hearing officer and the record of the | 3 |
| proceedings or issue an order remanding the matter back to the | 4 |
| hearing officer for additional proceedings in accordance with | 5 |
| the order. If (i) a direct appeal is requested, (ii) the Board | 6 |
| fails to issue its findings of fact, conclusions of law, and | 7 |
| recommendations within the 30-day mandate from the Secretary or | 8 |
| the Secretary fails to order the Board to do so, and (iii) the | 9 |
| Secretary fails to issue an order within 30 calendar days | 10 |
| thereafter, then the hearing officer's report is deemed | 11 |
| accepted and a final decision of the Secretary. Notwithstanding | 12 |
| any other provision of this Section, if the Secretary, upon | 13 |
| review, determines that substantial justice has not been done | 14 |
| in the revocation, suspension, or refusal to issue or renew a | 15 |
| license or other disciplinary action taken as the result of the | 16 |
| entry of the hearing officer's report, the Secretary may order | 17 |
| a rehearing by the same or other examiners
the
Director shall | 18 |
| issue an order based on the report of the hearing
officer . If | 19 |
| the Secretary
Director determines".
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