A. Complaints,
Summons, and Notice of Hearing -For the purposes of this rule, "complaint"
refers to the formal documents issued by the Board to initiate a disciplinary
hearing. The complaint is based on prior investigation of charges or
information and shall set forth a statement of the charges against the accused.
For the purposes of this rule, "summons and notice of
hearing" refers to the document accompanying the complaint which compels the
respondent to appear and sets forth the time and place of the hearing.
The summons and complaint together with a copy of the
applicable Law and Rules and Regulations shall be:
1. Mailed by licensed or certified mail,
return receipt requested, to either the respondent's last known business or
residence address or the most recent address of the accused on file with the
Board, or
2. Personally served on
the respondent, and
3. Provided not
less than thirty days prior to the scheduled date of the disciplinary
hearing.
B. Consent
Orders. If after receipt of a complaint and prior to the disciplinary hearing
an accused desires to admit to a violation, a consent order may be entered into
with the accused without the necessity of a disciplinary hearing. This
opportunity for settlement shall be within the sole discretion of the
investigative committee. Any consent order shall be subject to the approval of
the Board and shall not be subject to appeal. The Board may reject a proposed
consent order and vote to hold a formal disciplinary hearing.
C. Informal Conferences. The respondent may
request an informal conference at the Board office with the investigative
committee for the purpose of showing that the allegations contained in the
complaint are not true. The respondent may have an attorney present only in an
advisory capacity. If the respondent desires a conference and the complaint
cannot thereafter be dismissed on the evidence, an effort will then be made to
reach an informal settlement and consent order.
The informal conference and/or settlement negotiation shall
be completed prior to a date ten (10) days before the scheduled date of the
disciplinary hearing; provided, however, the Board's investigative committee,
at its sole discretion, may continue the disciplinary hearing at the request of
the respondent for the purpose of completing said proceedings.
