(1) The chairperson of the board shall divide the members of the board, other than the chairperson, into two panels of six members each.
Each panel shall act as both an inquiry panel and a hearing panel. The chairpersonmay reassign members of the board from one panel to the other. The chairperson may be a member of both panels, but neither the chairperson nor any other member who has considered a complaint as a member of a panel acting as an inquiry panel shall take any part in the consideration of a formal complaint involving the same matter.
If the inquiry panel refers a matter for formal hearing, the hearing panel or a committee of the hearing panel shall hear the matter. However, in its discretion, either inquiry panel may elect to refer a case for formal hearing to a qualified administrative law judge in lieu of a hearing panel of the board for an initial decision pursuant to section 24-4-105.
A licensee who is the subject of an initial decision by an administrative law judge, orby the hearing panel that would have heard the case upon its own motion, may seek review of the initial decision pursuant to section 24-4-105 (14) and (15) by filing an exception to the initial decision with the hearing panel that would have heard the case if it had not been referred to an administrative law judge. The respondent or the board's counsel may file the exception.
The inquiry panel to whom an investigation is assigned shall supervise the investigation, and the person conducting the investigation shall report the results of the investigation to the panel for appropriate action.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch. 64, p. 232, § 1, effective September 14.
Editor's note: This section is similar to former § 12-220-133 as it existed prior to 2020.