What happens if a hearing is not held within the stipulated time following a board's summary suspension order?

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If a hearing is not held within the stipulated time following a board's summary suspension order, the outcome is that the license is reinstated. This is rooted in due process principles, which ensure that an individual is given a fair opportunity to contest any actions taken against their professional license.

When a board issues a summary suspension, it is usually a preliminary action taken in urgent situations. However, there are specific timelines that must be adhered to for the hearing to ensure that the licensee's rights are protected. If the board does not hold the necessary hearing within the designated timeframe, it implies that the basis for the suspension lacks the required legal support, leading to the reinstatement of the license.

This principle is important because it confirms that while boards have the authority to suspend licenses in the interest of public safety, they must also respect the legal timelines that ensure due process for the licensee. This reinstatement provides a significant protection for practitioners against prolonged suspension without a fair hearing.

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