NCJ Number
52333
Date Published
1978
Length
46 pages
Annotation
BASIC REQUIREMENTS OF ADMINISTRATIVE AND CONSTITUTIONAL LAW ARE PRESENTED FOR EACH STEP OF THE COMPLAINT AND DISCIPLINARY PROCESS. THE MANUAL IS DESIGNED FOR USE BY MEMBERS OF OCCUPATIONAL LICENSING BOARDS.
Abstract
SINCE MEMBERS OF STATE LICENSING BOARDS ARE OFTEN NOT ATTORNEYS AND ADMINISTRATIVE LAW IS RELATIVELY NEW, MANY POSSIBILITIES FOR VIOLATIONS OF DUE PROCESS DURING DISCIPLINARY HEARINGS EXIST. THE PROCEDURES OUTLINED ARE BASED ON THE FEDERAL ADMINISTRATIVE PROCEDURES ACT AND SIMILAR STATUTES ENACTED BY VARIOUS STATES. THE MANUAL COVERS THE DISCIPLINARY PROCESS, INFORMAL DISPOSITION OF COMPLAINTS, THE RIGHTS OF PARTIES TO THE PROCEEDINGS, INITIATING A DISCIPLINARY PROCEEDING, THE GIVING OF NOTICE, DESIGNATION OF HEARING OFFICERS, PRELIMINARY ACTIONS AND MOTIONS, SUBPOENAS, CONDUCTING THE HEARING, RULES OF EVIDENCE, THE BOARD'S DECISION, RECONSIDERATION OF THE DECISION, AND THE CASE RECORD. PROCEDURES FOR JUDICIAL REVIEW ARE ALSO BRIEFLY DISCUSSED. A LISTING OF SIMILAR MANUALS PUBLISHED BY EACH OF 14 STATES IS INCLUDED INSIDE THE BACK COVER. (GLR)