Colorado § 12-305-113 - Disciplinary actions - judicial review.

§ 12-305-113. Disciplinary actions - judicial review.

(1) (a) The director may commence a proceeding to discipline a certificate holder when the director has reasonable grounds to believe that the certificate holder has committed an act enumerated in section 12-305-112 or has violated a lawful order or rule of the director.

(b) In any proceeding under this section, the director may accept as evidence of grounds for disciplinary action any disciplinary action taken against a certificate holder in another jurisdiction if the violation that prompted the disciplinary action in the other jurisdiction would be grounds for disciplinary action under this article 305.

(2) The director shall conduct disciplinary proceedings in accordance with article 4 of title 24 and section 12-20-403, and the director or an administrative law judge, as determined by the director, shall conduct the hearing and opportunity for review pursuant to those laws. The director may exercise all powers and duties conferred by this article 305 during the disciplinary proceedings.

(3) (a) The director may seek an injunction in accordance with section 12-20-406 to enjoin a person from committing an act prohibited by this article 305.

(b) In accordance with article 4 of title 24, section 12-20-403, and this article 305, the director may investigate, hold hearings, and gather evidence in all matters related to the exercise and performance of the powers and duties of the director.

(4) A final action of the director is subject to judicial review pursuant to section 12-20-408. The director may institute a judicial proceeding in accordance with section 24-4-106 to enforce an order of the director.

(5) The director may send a confidential letter of concern to a certificate holder under the circumstances specified in section 12-20-404 (5).

(6) The director may send a letter of admonition to the certificate holder under the circumstances specified in and in accordance with section 12-20-404 (4).

(7) The director may include in a disciplinary order that allows the certificate holder to continue to practice on probation any conditions the director deems appropriate to assure that the certificate holder is physically, mentally, morally, and otherwise qualified to practice speech-language pathology in accordance with generally accepted professional standards of practice. If the certificate holder fails to comply with any conditions imposed by the director pursuant to this subsection (7), and the failure to comply is not due to conditions beyond the certificate holder's control, the director may order suspension of the certificate holder's certification to practice speech-language pathology in this state until the certificate holder complies with the conditions.

(8) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1600, § 1, effective October 1.

Editor's note: This section is similar to former § 12-43.7-111 as it existed prior to 2019.