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Session Laws, 1990 Session
Volume 436, Page 2603   View pdf image (33K)
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WILLIAM DONALD SCHAEFER, Governor Ch. 594
15.5-601.

(A) SUBJECT TO THE PROVISIONS OF THIS SECTION, THE
COMMISSION SHALL START PROCEEDINGS UNDER § 15.5-701 OF THIS
TITLE ON A COMPLAINT MADE TO THE COMMISSION BY ANY PERSON.

(B) (1) A COMPLAINT SHALL:

(I) BE IN WRITING; AND

(II) STATE SPECIFICALLY THE FACTS ON WHICH THE
COMPLAINT IS BASED.

(2) IF A COMPLAINT IS MADE BY ANY PERSON OTHER THAN
THE COMMISSION, THE COMPLAINT SHALL BE MADE UNDER OATH BY
THE PERSON WHO SUBMITS THE COMPLAINT.

(3) A COMPLAINT MAY BE ACCOMPANIED BY DOCUMENTARY
OR OTHER EVIDENCE.

(C) THE COMMISSION SHALL INVESTIGATE EACH COMPLAINT
SUBMITTED TO THE COMMISSION IF THE COMPLAINT:

(1) ALLEGES FACTS THAT ESTABLISH A PRIMA FACIE CASE
THAT IS GROUNDS FOR DISCIPLINARY ACTION UNDER § 15.5-701 OF THIS
TITLE; AND

(2) MEETS THE REQUIREMENTS OF THIS SECTION.

(D) (1) ON CONCLUSION OF THE INVESTIGATION, THE
COMMISSION SHALL DETERMINE IF THERE IS A REASONABLE BASIS TO
BELIEVE THAT THERE ARE GROUNDS FOR DISCIPLINARY ACTION
UNDER § 15.5-701 OF THIS TITLE AGAINST AN APPLICANT OR LICENSEE.

(2) (I) IF THE COMMISSION FINDS A REASONABLE BASIS AS
PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
COMMISSION SHALL ACT ON THE COMPLAINT AS PROVIDED UNDER §
15.5-602 OF THIS SUBTITLE.

(II) IF THE COMMISSION DOES NOT FIND A REASONABLE
BASIS AS PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
COMMISSION SHALL DISMISS THE COMPLAINT.

15.5-602.

(A) EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF
THE STATE GOVERNMENT ARTICLE, BEFORE THE COMMISSION TAKES
ANY FINAL ACTION UNDER § 15.5-701 OF THIS TITLE, IT SHALL GIVE THE
INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE:

(1) THE COMMISSION; OR

- 2603 -


 

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Session Laws, 1990 Session
Volume 436, Page 2603   View pdf image (33K)
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