Rep. Angelo Saviano
Filed: 6/14/2007
 
 

 




 

 		












09500SB0149ham002

LRB095 06389 RAS 37645 a






1

AMENDMENT TO SENATE BILL 149




2
    AMENDMENT NO. ______. Amend Senate Bill 149 on page 26, by 
3
replacing lines 8 through 14 with the following:
4
"Director.  The Disciplinary Board shall have 60 days from 
5
receipt of the
report to review the report of the hearing 
6
officer and present their
findings of fact, conclusions of law, 
7
and recommendations to the Secretary
Director.
If the 
8
Disciplinary Board fails to present its report within the 60 
9
day
period, the respondent may request in writing a direct 
10
appeal to the Secretary, in which case the Secretary shall, 
11
within 7 calendar days after the request, issue an order 
12
directing the Disciplinary Board to issue its findings of fact, 
13
conclusions of law, and recommendations to the Secretary within 
14
30 calendar days after such order.  If the Disciplinary Board 
15
fails to issue its findings of fact, conclusions of law, and 
16
recommendations within that time frame  to the Secretary after 
17
the entry of such order, the Secretary shall, within 30 
18
calendar days thereafter, issue an order based upon the report 
 


 






09500SB0149ham002
- 2 -
LRB095 06389 RAS 37645 a




1
of the hearing officer and the record of the proceedings or 
2
issue an order remanding the matter back to the hearing officer 
3
for additional proceedings in accordance with the order.  If (i) 
4
a direct appeal is requested, (ii) the Disciplinary Board fails 
5
to issue its findings of fact, conclusions of law, and 
6
recommendations within the 30-day mandate from the Secretary or 
7
the Secretary fails to order the Disciplinary Board to do so, 
8
and (iii) the Secretary fails to issue an order within 30 
9
calendar days thereafter, then the hearing officer's report is 
10
deemed accepted and a final decision of the Secretary.  
11
Notwithstanding any other provision of this Section, if the 
12
Secretary, upon review, determines that substantial justice 
13
has not been done in the revocation, suspension, or refusal to 
14
issue or renew a license or other disciplinary action taken as 
15
the result of the entry of the hearing officer's report, the 
16
Secretary may order a rehearing by the same or other examiners

17
the Director shall issue an order based on the report of the

18
hearing officer.  If the Secretary".