Sec.12-562-39a. Opportunity to show compliance

(a) No revocation, suspension, annulment or withdrawal of any license is lawful unless prior to the institution of proceedings, the agency gave notice to the licensee of facts or conduct which warrant the intended action, and the licensee was given the opportunity to show compliance with all lawful requirements for the retention of the certificate, license or registration.

(b) Notification of such compliance conference shall be by first class mail or personal delivery. Said notice shall contain:

(1) A statement of the time, date and place of the compliance conference;

(2) A reference to any statute or regulation allegedly violated;

(3) A clear and concise factual statement sufficient to inform each respondent of the acts or practices alleged to be in violation of the law; and

(4) A statement informing each respondent that he may be represented by counsel.

(c) Compliance conferences may be recorded but need not be transcribed and the rules of evidence are not applicable.

(d) The board or executive director shall designate a person to preside at such compliance conference. After said compliance conference said designated presiding officer shall report in writing his recommendations to the board or executive director.

(Effective October 24, 1986; Amended June 4, 1999)