Sec.19-570-20. When hearings ordered

In the cases where an investigation reveals a probable cause to believe a violation exists, or that an entitlement exists, the investigator shall report the facts ascertained concerning the complaint and the results of his investigation to the commissioner for whatever action he deems appropriate within his statutory authority. Except as otherwise provided by statute, the commissioner may in his discretion appoint a sole presiding officer or a hearing panel of not less than three persons who in either case shall be members of the Mental Retardation Council or of the department including himself to hear such complaints and shall cause to be delivered by certified or registered mail notification of such complaint to the respondent. In the instance where the department is the complaintant the preliminary investigation of the alleged violation by the department preceding the issuance of the complaint shall be construed to comply with the investigation unless otherwise required by statute.

(Effective August 12, 1982)