Full Text of SB0128 95th General Assembly
SB0128ham001 95TH GENERAL ASSEMBLY
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Registration and Regulation Committee
Adopted in House Comm. on Jul 11, 2007
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09500SB0128ham001 |
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LRB095 05003 RAS 37644 a |
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| AMENDMENT TO SENATE BILL 128
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| AMENDMENT NO. ______. Amend Senate Bill 128 on page 27, by | 3 |
| replacing lines 14 through 19 with the following: | 4 |
| " report, the
The Board shall have at least 60 days after
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| receipt of the
report to review it and to present its findings | 6 |
| of fact, conclusions of law
and recommendation to the Secretary
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| Director . If the Board does not present its
report within the | 8 |
| 60 days period, the respondent may request in writing a direct | 9 |
| appeal to the Secretary, in which case the Secretary shall, | 10 |
| within 7 calendar days after the request, issue an order | 11 |
| directing the Board to issue its findings of fact, conclusions | 12 |
| of law, and recommendations to the Secretary within 30 calendar | 13 |
| days after such order. If the Board fails to issue its findings | 14 |
| of fact, conclusions of law, and recommendations within that | 15 |
| time frame to the Secretary after the entry of such order, the | 16 |
| Secretary shall, within 30 calendar days thereafter, issue an | 17 |
| order based upon the report of the hearing officer and the | 18 |
| record of the proceedings or issue an order remanding the |
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LRB095 05003 RAS 37644 a |
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| matter back to the hearing officer for additional proceedings | 2 |
| in accordance with the order. If (i) a direct appeal is | 3 |
| requested, (ii) the Board fails to issue its findings of fact, | 4 |
| conclusions of law, and recommendations within the 30-day | 5 |
| mandate from the Secretary or the Secretary fails to order the | 6 |
| Board to do so, and (iii) the Secretary fails to issue an order | 7 |
| within 30 calendar days thereafter, then the hearing officer's | 8 |
| report is deemed accepted and a final decision of the | 9 |
| Secretary. Notwithstanding any other provision of this | 10 |
| Section, if the Secretary, upon review, determines that | 11 |
| substantial justice has not been done in the revocation, | 12 |
| suspension, or refusal to issue or renew a license or other | 13 |
| disciplinary action taken as the result of the entry of the | 14 |
| hearing officer's report, the Secretary may order a rehearing | 15 |
| by the same or other examiners
the
Director may issue an order
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| based on
the report of the hearing officer . If the Secretary
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| Director ".
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