(a) The Department has several options for dealing with violations of licensing law, including but not limited to civil penalties, criminal charges, or administrative discipline. These options are not mutually exclusive. The Department may pursue one or all, at the same time or in phases, at its discretion. These regulations address only administrative discipline.

(b) Once an initial license has been issued unconditionally, a license becomes vested. The Department shall meet both substantive and procedural requirements if it intends to discipline the licensee. The Department bears both the burden of proof and the burden of producing evidence. The Department shall prove each disputed element of any charge which the Department contends warrants discipline.

(c) If the Department reasonably believes a licensing action is warranted, the Department may bring charges against the licensee. The Department shall notify the licensee in writing. The notice shall include a statement of charges, called an “Accusation,” that sets out the elements which are grounds for discipline.

(d) The Department shall follow a policy of “progressive discipline” in most circumstances. As applied to The Act, “progressive discipline” means that discipline shall be imposed in increments of severity over time unless circumstances warrant a quicker resort to a more severe response. A corrective action plan shall generally be imposed first, followed by Probation and/or Suspension of the License, followed by Revocation. However, discipline may progress faster depending on the severity of the misconduct or the licensee's intentions when committing the violation(s).