The first case involves the speed with which the Department of Financial and Professional Regulation must render a decision in a summary license suspension matter. In the vast majority of cases, due process requires the Department to file a formal complaint and conduct a full evidentiary hearing prior to imposing discipline on a license, because the license is deemed to be a property right under the law.
However, where the Department receives evidence that a licensee’s continued practice constitutes an imminent danger to the public, the Department has the right to enter an order summarily (immediately) suspending the license prior to hearing, with the condition that an expedited hearing must be provided within 15 days. The "catch” is that there is no specific deadline required for the Department to issue a final decision, so a summarily suspended licensee may have a speedy hearing but may wait several months for a final decision, unable to practice during the interim.
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