(a) No revocation,
suspension, annulment or withdrawal of any certificate, license or registration
is lawful unless prior to the institution of agency proceedings, the agency
gave notice by mail to the practitioner of facts or conduct which warrant the
intended action, and the practitioner was given the opportunity to show
compliance with all lawful requirements for the retention of the certificate,
license or registration.
notice of the opportunity to show compliance shall contain:
(1) A statement of the time, date and method
for responding to the agency;
reference to the statute(s) or regulation(s) 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. This requirement may be met by including a copy of the
investigation report with the notice; and
(4) A statement that each respondent may be
represented by counsel.
(c) The agency may request the respondent to
attend a compliance conference as the method for responding to the agency.
Compliance conferences shall be informal and the rules of evidence shall not
apply. Compliance conferences may be recorded but need not be
(d) The agency may, in
its discretion, designate a person, other than a member of said agency, to
preside at such compliance conference. After said compliance conference, the
designated presiding officer shall report in writing his or her recommendations
to the agency.