State Codes and Statutes
Statutes > Rhode-island > Title-5 > Chapter-5-64 > 5-64-10SECTION 5-64-10
§ 5-64-10 Procedure for discipline. –(a) When a sworn complaint is filed with the board charging a person withhaving been guilty of any of the actions specified in § 5-64-9, thedivision of professional regulation shall immediately investigate the charges,or, the board, after investigation, may institute charges. In the event theinvestigation reveals reasonable grounds for believing that the applicant orperson certified under this chapter is guilty of the charges, the board shallfix a time and place for a hearing, and shall cause a copy of the chargestogether with a notice of the time and place fixed for the hearing to be servedpersonally upon the accused at least twenty (20) days prior to the time fixedfor the hearing. When personal service cannot be affected and the fact iscertified by oath by any person authorized to make service, the board shallcause to be published once in each of two (2) successive weeks, a notice of thehearing in a newspaper published in the county where the accused last residedaccording to the records of the board and shall mail a copy of the charges andthe notice to the accused at his or her last known address. When publication ofnotice is necessary, the date of the hearing shall not be less than twenty (20)days after the last date of publication of the notice. At the hearing theaccused has the right to appear personally or by counsel or both, to producewitnesses and evidence on his or her behalf and to cross-examine witnesses. Theattendance of witnesses and the production of books, documents, and papers atthe hearing may be compelled by subpoenas issued by the administrator whichshall be served in accordance with law. At the hearing the administrator shalladminister oaths that may be necessary for the proper conduct of the hearing.The division of professional regulation shall not be bound by the strict rulesof procedure or by the laws of evidence in the conduct of its proceedings butthe determination shall be based upon sufficient legal evidence to sustain it.If the accused is found guilty of the charges, the division of professionalregulation may refuse to issue a license or otherwise discipline the person.
(b) Upon the revocation or suspension of any license theholder shall surrender the license to the administrator of professionalregulation who shall strike the name of the holder from the register.
(c) A revocation or suspension of license may be reviewed atthe discretion of the division of professional regulation or at the initiativeof the administrator of professional regulation who may order a rehearing ofthe issue if he or she finds cause.
