43-36-22. Disciplinary action - Procedure.
296 words·~1 min read·
/nd/title-43/chapter-43-36-professional-soil-classifiers/43-36-22·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person may prefer charges of fraud, deceit, gross negligence, incompetence, misconduct, or violation of the code of ethics against any individual registrant. Such charges must be in writing and must be sworn to by the person or persons making them and must be filed with the secretary of the board. All charges unless dismissed by the board as unfounded or trivial must be heard by the board within three months after the date on which they have been preferred. The time and place for said hearing must be fixed by the board and a copy of the charges together with a notice of the time and place of hearing must be served upon the accused either personally or sent by registered or certified mail to the last-known address of such individual registrant at least thirty days before the date fixed for hearing.
At any hearing the
accused registrant has the right to appear in person or by counsel, or both, to cross-examine witnesses appearing against the accused, and to produce evidence and witnesses in defense of the accused. If the accused person fails or refuses to appear, the board may proceed to hear and determine the validity of the charges. If after such hearing a majority of the board votes in favor of sustaining the charges, the board shall make findings of fact, draw its conclusions and issue its order therein and serve the same upon the accused.
In said order the board may reprimand, suspend, refuse to renew, or revoke the accused individual's certificate of registration. Any person who feels aggrieved by any action of the board in denying, suspending, refusing to renew, or revoking that person's certificate of registration may appeal therefrom to the district court under the procedures provided by chapter 28-32.