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This entry was published on 2014-09-22
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SECTION 442
Hearing on charges; decision
General Business (GBS) CHAPTER 20, ARTICLE 28
§ 442. Hearing on charges; decision. No license or certificate shall
be suspended or revoked or any fine or reprimand imposed upon the holder
thereof until after a hearing had before an officer or employee of the
department designated for such purpose by the secretary of state, upon
notice to the licensee of at least ten days. The notice shall be served
either personally or by certified mail and shall state the date and
place of hearing and set forth the ground or grounds constituting the
charges against the licensee. The licensee or registrant shall be heard
in his defense either in person or by counsel and may produce witnesses
and testify in his behalf. A stenographic record of the hearing shall be
taken and preserved. The hearing may be adjourned from time to time. The
person conducting the hearing shall make a written report of his
findings and a recommendation to the secretary of state for decision.
The secretary of state shall review such findings and the recommendation
and, after due deliberation, shall issue an order accepting, modifying
or rejecting such recommendation and dismissing the charges, suspending
or revoking the license or certificate or in lieu thereof imposing a
fine or reprimand upon the licensee. For the purpose of this article,
the secretary of state or any officer or employee of the department
designated by him, may administer oaths, take testimony, subpoena
witnesses and compel the production of books, papers, records and
documents deemed pertinent to the subject of investigation.