SECTION 485:10-11-3. Informal disposition


Latest version.
  •   . . . Informal disposition may be made of any individual proceeding by stipulation, agreed settlement, consent order, or default. [75 O.S. Section 309(e)]
    (1)   Informal proceedings. Informal proceedings may be conducted after the filing of a sworn complaint; and information so presented may be considered by the Board as a body or by any designated member or any representative designated therefore, with the party or parties affected by correspondence or otherwise in an effort to bring about an adjustment and solution of the problem without a formal Hearing. Such proceedings shall be held without prejudice to the right of the Board, thereafter to institute formal proceedings and conduct Hearings covering the same subject matter.
    (2)   Informal conferences. If deemed advisable to speed the consideration and determination of complaints and controversies which may not justify or require more formal proceedings, the Board may hold an informal conference with the party or parties affected. Thereafter the Board as a body, or any designated member, or representative thereof, shall attempt to resolve the controversy in an equitable manner. Such proceedings shall be without prejudice to the right of the Board thereafter to institute formal proceedings covering the same or related subject matter, or the right of the person involved, if the controversy is not resolved, to request a formal hearing.
    (3)   Informal Disposition Panel. The respondent has a right to a hearing before the full Board. In the alternative informal disposition may be requested under certain circumstances.
    (A)   Informal Disposition Panel shall be composed of one or more individuals appointed by the Board President, at least one of whom shall be a current Board member. More than one panel may be appointed if warranted by the number of cases.
    (B)   Informal Disposition Panel may be utilized for the following types of cases or otherwise at the discretion of the Executive Director:
    (i)   Reinstatement/Return To Active which require Board action such as:
    (I)   when working with a lapsed license;
    (II)   after surrender, suspension or revocation of license;
    (ii)   Voluntary surrenders;
    (iii)   Termination of Probation;
    (iv)   Requests to amend orders;
    (v)   Certain uncontested complaints such as action in another jurisdiction and/or criminal convictions;
    (vi)   Negotiated disposition of complaint.
    (C)   If the nurse and the Panel member(s) do not agree, the case will be set for a Board hearing. The outcome of the informal disposition will be held in confidence and not admitted into evidence at the hearing. The Panel member(s) will not participate in the hearing before the full Board.
    (D)   If the nurse and the Panel member(s) do agree but the Board does not accept the recommendations of the Panel, the case will be set for a hearing before the full Board.
[Source: Amended at 8 Ok Reg 3579, eff 9-20-91 (emergency); Amended at 9 Ok Reg 2103, eff 6-11-92; Amended at 12 Ok Reg 1463, eff 5-25-95; Amended at 20 Ok Reg 1010, eff 7-1-03; Amended at 29 Ok Reg 1615, eff 7-12-12; Amended at 35 Ok Reg 1875, eff 9-14-18]