R728-409-14. Action by the Council

  (1) If the respondent waives the right to a hearing with an ALJ, there has been an order of default, or a findings of fact is issued by the ALJ, the division shall present the matter to the council at its next regularly scheduled meeting.

  (2) The division shall notify the respondent of the date, time, and location of the council meeting.

  (3)(a) Prior to the council meeting, the division shall provide the council with the pleadings contained in the administrative file.

  (b) The division shall also provide the council with any written information or comments provided by the respondent's employer.

  (c) Any written comments from the respondent's employer should include discipline administered by the respondent's employer as a result of any violation of Section 56-6-211.

  (4) At the council meeting the respondent or the respondent's attorney may address the council regarding whether the respondent's certification should be suspended or revoked.

  (5) The council shall review the matter and determine whether suspension or revocation of the respondent's certification is appropriate based upon the facts of the case and the POST Disciplinary Guidelines which were adopted on June 7, 2010 and amended on June 14, 2018.