Contents
- Model Orthotics, Prosthetics and Pedorthics Practice Act
- Section 1. Short Title
- Section 2. Declaration of Public Policy
- Section 3. Definitions
- Section 4. Exceptions
- Section 5. Powers and Duties of the Department
- Section 6. Board of Orthotics, Prosthetics and Pedorthics
- Section 7. Board Immunity
- Section 8. Application for Original License
- Section 9. Qualifications for Licensure as Orthotist, Prosthetist or Pedorthist
- Section 10. Qualifications for Licensure as Assistants, Fitters and Technicians
- Section 11. Examination Requirement
- Section 12. Transition Period
- Section 13. Enforcement
- Section 14. Limitation on Provision of Care and Services
- Section 15. Facility Accreditation
- Section 16. Renewal; Restoration; Military Service
- Section 17. Elective Inactive Status
- Section 18. Endorsement
- Section 19. Fees
- Section 20. Directory of Licensees
- Section 21. Practice by Corporations
- Section 22. Grounds for Discipline
- Section 23. Injunction; Cease and Desist Order
- Section 24. Investigations; Notice and Hearing
- Section 25. Transcript
- Section 26. Board Findings and Recommendations.
- Section 27. Motion for Rehearing
- Section 28. Rehearing on Order of Director
- Section 29. Appointment of Hearing Officer; Arbitration
- Section 30. Order or Certified Copy
- Section 31. Restoration of Suspended or Revoked License.
- Section 32. Surrender of License.
- Section 33. Temporary Suspension of a License.
- Section 34. Administrative Review Law and Venue
- Section 35. Cost for Certifications of Record
- Section 36. Penalties
- Section 37. (State name) Administrative Procedure Act
- Section 38. Sunset Act
- Section 39. Effective Date
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No part of this document may be produced in any form without written permission of the American Board for Certification in Orthotics, Prosthetics & Pedorthics, Inc.
ABC Model Practice Act
December 2021
Section 29. Appointment of Hearing Officer; Arbitration
(a) The Director shall have the authority to appoint an attorney licensed to practice law in the State of (State name) to serve as a hearing officer in an action for refusal to issue or renew a license or to discipline a licensee. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the Board and the Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law and recommendations to the Director. If the Board fails to present its report within the 60-day period, the Director shall issue an order based on the report of the hearing officer. If the Director determines that the Board's report is contrary to the manifest weight of the evidence, he or she may issue an order in contravention of the Board's report.
(b) Nothing in this act precludes the Board from appointing a private hearing officer or arbitrator from a list of knowledgeable impartial persons to adjudicate issues dealing with complaints regarding licensee competence. The Board will first order the staff to attempt to mediate the dispute before an arbitrator is appointed. The arbitrator’s decision will be final to the extent permitted by law.
