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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

  Chapter 621back to chapter 621

  621.110.  Commission's findings and recommendations — hearing by agency on disciplinary action. — Upon a finding in any cause charged by the complaint for which the license may be suspended or revoked as provided in the statutes and regulations relating to the profession or vocation of the licensee and within one hundred twenty days of the date the case became ready for decision, the commission shall deliver or transmit by mail to the agency which issued the license the record and a transcript of the proceedings before the commission together with the commission's findings of fact and conclusions of law.  The commission may make recommendations as to appropriate disciplinary action but any such recommendations shall not be binding upon the agency.  A copy of the findings of fact, conclusions of law and the commission's recommendations, if any, shall be delivered or transmitted by mail to the licensee if the licensee's whereabouts are known, and to any attorney who represented the licensee.  Within thirty days after receipt of the record of the proceedings before the commission and the findings of fact, conclusions of law, and recommendations, if any, of the commission, the agency shall set the matter for hearing upon the issue of appropriate disciplinary action and shall notify the licensee of the time and place of the hearing, provided that such hearing may be waived by consent of the agency and licensee where the commission has made recommendations as to appropriate disciplinary action.  In case of such waiver by the agency and licensee, the recommendations of the commission shall become the order of the agency.  The licensee may appear at said hearing and be represented by counsel.  The agency may receive evidence relevant to said issue from the licensee or any other source.  After such hearing the agency may order any disciplinary measure it deems appropriate and which is authorized by law.  In any case where the commission fails to find any cause charged by the complaint for which the license may be suspended or revoked, the commission shall dismiss the complaint, and so notify all parties.

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(L. 1965 p. 277 § 5, A.L. 1978 S.B. 661, A.L. 2006 S.B. 756, A.L. 2011 H.B. 265)


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