§ 35.2. The Department's pharmacy investigators may investigate the actions of any applicant
or of any person or persons holding or claiming to hold a license. The Department shall, before suspending, revoking, placing on probationary status,
or taking any other disciplinary or non-disciplinary action as the Department may
deem proper with regard to any license, at least 30 days prior to the date set for
the hearing, notify the accused in writing of any charges made and the time and place
for a hearing of the charges before the Board, direct him or her to file his or her
written answer thereto to the Board under oath within 20 days after the service on
him or her of such notice and inform him or her that if he or she fails to file such
answer default will be taken against him or her and his or her license or certificate
may be suspended, revoked, placed on probationary status, or have other disciplinary
action, including limiting the scope, nature or extent of his or her practice, provided
for herein. Such written notice may be served by personal delivery, email to the respondent's
email address of record, or mail to the respondent at his or her address of record. At the time and place fixed in the notice, the Board shall proceed to hear the charges
and the parties or their counsel shall be accorded ample opportunity to present such
statements, testimony, evidence and argument as may be pertinent to the charges or
to the defense thereto. Such hearing may be continued from time to time. In case the accused person, after receiving notice, fails to file an answer, his
or her license may, in the discretion of the Secretary, having received first the
recommendation of the Board, be suspended, revoked, placed on probationary status,
or the Secretary may take whatever disciplinary action as he or she may deem proper
as provided herein, including limiting the scope, nature, or extent of said person's
practice, without a hearing, if the act or acts charged constitute sufficient grounds
for such action under this Act.
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