JCAHPO Standards , Procedures and Sanctions
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2 . If the Committee finds by majority vote that good cause exists to question whether a violation of a JCAHPO rule has occurred , the Committee shall transmit a statement of allegations to the applicant or certificant by certified mail , return receipt requested , setting forth the applicable standard alleged to have been violated and a statement :
a . Of facts constituting the alleged violation of the standard ;
b . That the applicant or certificant may request an oral hearing for the disposition of the allegations , with the applicant or certificant bearing his or her own expenses for such matter ;
c . That the applicant or certificant shall have fifteen ( 15 ) days after receipt of the statement to notify JCAHPO if he or she disputes the allegations and / or requests an oral hearing on the record ;
d . That the applicant or certificant may attend the hearing with or without the assistance of counsel , may question any witness , and produce evidence on his or her behalf ; e . That the truth of allegations or failure to respond may result in sanctions including revocation ; and
f . That if the applicant or certificant does not dispute the allegations or request a hearing , the applicant or certificant consents that the Disciplinary Review Committee may render a decision and apply available sanctions . ( Available sanctions are set out in VI D .)
3 . JCAHPO will not review such an application for certification until the Disciplinary Review Committee and / or the JCAHPO Board of Directors renders a final decision on the complaint authorizing staff to proceed with reviewing the application .
4 . Where an applicant or certificant has failed to respond to a complaint in the manner provided for above , or does not dispute the allegations or request a hearing , the applicant or certificant consents that the Disciplinary Review Committee may render a decision and apply available sanctions ( set out in VI D ).
C . Hearing Procedures If the applicant or certificant disputes the allegations or requests a hearing : 1 . The Disciplinary Review Committee shall :
a . Schedule a hearing after the request is received , allowing for an adequate period for preparation for the hearing ; and
b . Send by certified mail , return receipt requested , a Notice of Hearing to the applicant or certificant . The Notice of Hearing shall include a statement of the time and place of the hearing as selected by the Disciplinary Hearing Committee . The applicant or certificant may request modification of the date of the hearing for good cause .
2 . The Disciplinary Review Committee shall maintain a verbatim oral or written transcript .
3 . JCAHPO and the applicant or certificant may consult with and be represented by counsel , make opening statements , present documents and testimony , question witnesses , make closing statements , and present written briefs as scheduled by the Disciplinary Review Committee . The extent of this activity is at the complete discretion of the Disciplinary Review Committee .
4 . The Disciplinary Review Committee shall determine all matters relating to the hearing . The hearing and related matters shall be determined on the record by majority vote .
5 . Formal rules of evidence shall not apply . Relevant evidence may be admitted . Disputed questions shall be determined by majority vote of the Disciplinary Review Committee .
6 . Proof shall be by preponderance of the evidence .
7 . Whenever mental or physical disability is alleged , the applicant or certificant may be required to undergo a physical or mental examination at the expense of the applicant or certificant . The report of such an examination shall become part of the evidence considered .
8 . The Disciplinary Review Committee shall issue a written decision following the hearing and any briefing . The decision shall contain factual findings , conclusions and any sanctions applied . It shall be mailed promptly by certified mail , return receipt requested , to the applicant or certificant .
D . Sanctions
Sanctions for violation of any JCAHPO rule may include one or more of the following :
1 . Denial or suspension of eligibility ; 2 . Re-examination or suspension from the examination process for one ( 1 ) year ; 3 . Revocation ; 4 . Non-renewal ; 5 . Censure ; 6 . Reprimand ;
7 . Suspension ; 8 . Training , education , treatment , or other corrective action ; 9 . Probation for up to five ( 5 ) years ; and 10 . Conditions relating to the above .
A failure to comply with conditions of sanctions ( such as corrective action ) may result in a re-evaluation of sanctions by the committee issuing the sanctions .
VII . Appeal Procedures
A . If the decision of the Disciplinary Review Committee finds that the allegations are not established , no further action on the appeal shall occur and the individual shall be notified .
B . If the decision rendered by the Disciplinary Review Committee is not favorable to the applicant or certificant , and the applicant or certificant alleges that the decision of the Disciplinary Review Committee was arbitrarily or capriciously rendered , the decision may be appealed to the JCAHPO Board of Directors . The ground for appeal is limited to only those adverse decisions alleged to have been arbitrarily or capriciously rendered . The applicant or certificant may appeal the adverse determination by submitting a written appeals statement within thirty ( 30 ) days following receipt of the decision of the Disciplinary Review Committee . A fifty dollar ($ 50 ) filing fee must accompany the written appeals statement . This fee may be waived in instances of documented and severe financial hardship . JCAHPO , through its Executive Director or a designee , may file a written response to the statement of the applicant or certificant .
C . The JCAHPO Board of Directors by majority vote shall render a decision on the record below without hearing , although written briefs or other submissions may be submitted at the request and discretion of the JCAHPO Board of Directors .
D . The decision of the JCAHPO Board of Directors shall be rendered in writing following any briefing . The decision shall contain factual findings , conclusions and any sanctions applied and shall be final . ( Available sanctions are set out in Section VI D 1-10 , above .) The decision shall be transmitted to the applicant or certificant by certified mail , return receipt requested .
VIII . Summary Procedure
Whenever JCAHPO determines that there is cause to believe that a threat of immediate and irreparable injury to the health of the public exists , such allegations shall be forwarded to the Disciplinary Review Committee , who shall review the matter immediately by telephone or other expedited notice and hearing procedure . Following such notice and opportunity by the individual to be heard , if the Disciplinary Review Committee determines that a threat of immediate and irreparable injury to the public exists , certification may be suspended for up to sixty ( 60 ) days pending a full hearing under the procedures outlined in Section VI .
IX . Release of Information
A . All candidate applications , forms , and information are the property of JCAHPO . B . JCAHPO is not required to return , provide , or permit access to such information .
C . By virtue of application for and / or receipt of certification , the individual applicant or certificant authorizes JCAHPO and its officers , directors , agents , employees , committees , committee members , counsel , and others to communicate any and all information relating to any JCAHPO application , certification , and review thereof including pendency or outcome of disciplinary proceedings to state and federal authorities , employers , other certificants , training programs , and others by any means .
X . Waiver
The individual applicant or certificant agrees that he or she releases , discharges , and exonerates JCAHPO , its officers , directors , agents , employees , committees , committee members , counsel , and others for any actions taken in good faith pursuant to JCAHPO rules , standards , and procedures from any and all liability , including but not limited to liability arising out of ( i ) the furnishing or inspection of documents , records , and other information , and ( ii ) any investigation and review of application or certification made by JCAHPO .
XI . Consideration of Eligibility
Eligibility and / or certification is considered on the following basis :
A . In the event of a felony or misdemeanor conviction described in Section IV , a candidate may make application upon exhaustion of appeals and the completion of sentencing ( including but not limited to probation , final release from confinement , or parole [ if any ], whichever is later );
B . In any other event that has rendered a decision of ineligibility or revocation , a candidate may make application no earlier than one ( 1 ) year from the final decision of ineligibility or revocation .
In addition to other facts required by JCAHPO , such an individual must fully set forth the circumstances of the decision denying eligibility or revoking certification , information concerning all convictions , sentences received , and conditions of probation and parole , as well as all relevant facts and circumstances since the decision relevant to the application . The individual bears the burden of demonstrating by clear and convincing evidence that the individual has been rehabilitated and poses no danger to others .