§ 1371.
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§ 1371. Access to documents; discovery
(a)(1) A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to inspect and copy all information in the possession of the Department of Health pertaining to the licensee, except:
(A)investigatory files that have not resulted in charges of unprofessional conduct;
(B)materials that constitute attorney work product; and
(C)any other document or information that the Board has an obligation to protect from disclosure.
(2)The Executive Director shall notify the licensee of the right to inspect and copy information as provided in subsection 1372(b) of this chapter.
(b)A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to produce fact witnesses, expert witnesses, and evidence on the licensee’s own behalf, to cross-examine witnesses testifying against the licensee, and to engage in other methods of discovery as set forth by order of the Board or its hearing officer.
(c)A licensee who is notified that a specification of one or more charges of unprofessional conduct have been made against the individual in accordance with subdivision 1370(b)(3) of this chapter shall be entitled to request to depose witnesses by motion to the Board or its hearing officer. Any deposition so ordered shall be subject to:
(1)the provisions of section 1376 of this chapter, relating to confidentiality and the inadmissibility of certain evidence;
(2)limitations or conditions necessary to protect witnesses who are minors or who are adults subject to a guardianship or conservatorship; and
(3)such other reasonable limitations as the Board or its hearing officer may provide in the interests of justice and consistent with the provisions of 3 V.S.A. § 810, relating to rules of evidence and official notice in contested cases. (Added 2019, No. 126 (Adj. Sess.), § 1.)