Current law requires state agencies to give a licensee:
- Notice of facts or conduct that may warrant revocation, suspension, annulment, limitation, or modification of a license;
- An opportunity to submit written data, views, and arguments with respect to the facts or conduct; and
- A reasonable opportunity to comply with all lawful requirements except for a willful violation or violation that is a danger to public health and safety.
When a matter pertains to a license concerning an occupation, section 1 of the bill requires a state agency:
- To include a person who has authority to make prehearing decisions concerning disposition of the issue in settlement and mediation meetings and communications with the licensee; and
- To include a mediator at the expense of the licensee upon the licensee's request.
If an agency fails to comply with these requirements, section 1 authorizes the licensee to petition the administrative law judge or hearing officer to enjoin proceedings and order mediation. Administrative law judges are instructed to make themselves available for mediation if feasible. Procedures are set for mediation. If mediation fails, the agency may continue to seek discipline upon instituting a disciplinary hearing against a licensee, and the agency must notify the licensee of current law and the additional requirements in the bill.
Section 3 of the bill clarifies that a court may overturn discipline for a failure to follow the requirements of current law, as modified by the bill in section 1.
(Note: This summary applies to this bill as introduced.)