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Office of the Revisor of Statutes

In addition to any other remedy provided by law, the board, acting through its executive
director and one or more designated board members without a hearing, may temporarily suspend
the license of a regulated person if the executive director and one or more designated board
members finds that the regulated person has violated a statute or rule that the board is empowered
to enforce and continued practice by the regulated person would create an imminent risk of harm
to others. The suspension is in effect upon service of a written temporary suspension order on
the regulated person specifying the statute or rule violated. Service of the temporary suspension
order is effective upon personal service or service by first class mail upon the regulated person or
counsel at the regulated person's or counsel's last known address. The temporary order remains
in effect until the board issues an order after a limited hearing described in this subdivision or
upon agreement between the board and the regulated person. Within ten days of service of the
temporary suspension order, the board shall conduct a limited hearing before its own members on
the sole issue of whether there is a reasonable basis for the temporary suspension order to remain
in effect. Both parties shall be given an opportunity to present evidence and oral argument at the
hearing. Within five business days after the hearing, the board shall issue an order and, if the
temporary suspension is to remain in effect, initiate a contested case hearing to be commenced
within 45 days after service of the order. The administrative law judge shall issue a report within
30 days after closing the contested case hearing record. The board shall issue a final order within
30 days after receiving the administrative law judge's report.
History: 1996 c 415 s 26