245:15-23-18. Findings of the Board and penalties
- (a) The Board may find on any one or more of the charges:
- (1) The charges are dismissed for insufficient evidence;
- (2) The charges are dismissed without prejudice;
- (3) The charges are dismissed with prejudice;
- (4) The respondent is found not guilty;
- (5) The respondent is found guilty.
- (b) If the finding is guilty, the Board shall then determine the penalty to be imposed. The penalty resulting from a finding of guilty may be one or more of the following:
- (1) Reprimand
- (2) Censure
- (3) Suspension
- (4) Revocation
- (5) Probation
- (6) Administrative Fine
- (c) The order of the Board in each case is a public record.
245:15-23-19. Orders developed without a quorum
At any hearing not heard by a majority of the members of the Board, or when the case hearing record has not been read by a majority of the members of the Board, the decision, if adverse to a party to the proceeding, shall not be made until a proposed order is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the Board. The proposed order shall be accompanied by statements of the reasons therefore and of each issue of fact or law necessary to the proposed order, prepared by the person who conducted the hearing or by a person who has read the record. The parties, by written stipulation, may waive compliance of any part of with this Section.
245:15-23-20. Issuing of orders
All orders, whether proposed or final, shall be issued within one hundred twenty (120) days of the conclusion of a hearing, or 30 days of receipt of order from a reviewing state officer or authority, whichever is the longer of the two.
245:15-23-21. Final orders
A final order adverse to a party in a proceeding shall be in writing. The final order shall be consistent with the order of the Board entered at the hearing. A final order shall include findings of fact and conclusions of law, separately stated. Parties shall be notified either personally or by mail of any order. Upon request, a copy of the order shall be delivered or mailed to each party and to the attorney of record.
245:15-23-22. Procedures to file exceptions to proposed orders
Exceptions to a proposed final order, together with a brief in support, shall be filed with the Executive Director within ten (10) days of the submission of the proposed final order. If exceptions are filed, the Executive Director shall set the time and place for the Board to consider the exceptions and shall cause notice of the time and place to hear the exceptions to be mailed to the licensee, person, firm, or entity or to the attorney of record. Such time shall not be less than twenty (20) days after said notice is mailed. Briefs in response to the exceptions must be filed with the Board at least seven (7) days before such meeting. The licensee, person, firm, or entity may personally or through counsel be present and present oral argument to the Board in support of the exceptions. No exceptions to the final order shall be considered without full compliance of this section by the respondent, individual, firm, or entity.
