|
| | | 1. Disciplinary proceedings and sanctions. The board or, as | | delegated, its subcommittee or staff, shall investigate a | | complaint on its own motion or upon receipt of a written | | complaint filed with the board regarding noncompliance with or | | violation of this chapter or of any rules adopted by the board. | | Investigation may include an informal conference before the | | board, its subcommittee or staff to determine whether grounds | | exist for suspension, revocation or denial of a license or for | | taking other disciplinary action pursuant to this chapter. The | | board, its subcommittee or staff may subpoena witnesses, records | | and documents, including records and documents maintained by a | | health care facility or other service organization or person | | related to the delivery of emergency medical services, in any | | investigation or hearing it conducts. |
|
| | | 2. Notice. The board shall notify the licensee of the | | content of a complaint filed against the licensee as soon as | | possible, but in no event later than 60 days after the board or | | staff receives the initial pertinent information. The licensee | | has the right to respond within 30 days in all cases except those | | involving an emergency denial, suspension or revocation, as | | described in the Maine Administrative Procedure Act, Title 5, | chapter 375, subchapter V 5. If the licensee's response to the | | complaint satisfies the board or staff that the complaint does | | not merit further investigation or action, the matter may be | | dismissed, with notice of the dismissal to the complainant, if | | any. |
|
| | | 3. Informal conference. If, in the opinion of the board, its | | subcommittee or staff, the factual basis of the complaint is or | | may be true and the complaint is of sufficient gravity to warrant | | further action, the board or staff may request an informal | | conference with the licensee. The board shall provide the | | licensee with adequate notice of the conference and of the issues | | to be discussed. The conference must be conducted in executive | | session of the board, subcommittee or staff, pursuant to Title 1, | | section 405, unless otherwise requested by the licensee. | | Statements made at the conference may not be introduced at a | | subsequent formal administrative or judicial hearing unless all | | parties consent. The licensee may, without prejudice, refuse to | | participate in an informal conference if the licensee prefers to | | request an adjudicatory hearing. If the licensee participates in | | the informal conference, the licensee waives the right to object | | to a participant at the hearing who participated at the informal | | conference. |
|
| | | 4. Further action. If the board, its subcommittee or staff | | finds that the factual basis of the complaint is true and is of |
|
|