Upon the receipt of an investigation report, the board shall:

1. (a) Dismiss the action, if the investigation does not reveal that misconduct occurred;

2. (b) Dismiss the action and issue a confidential letter of concern, if the investigation shows that:

   1. (1) The licensee’s actions constituted misconduct, but occurred under conditions that suggest the licensee would not, under normal circumstances, engage in the conduct and the actions have not been repeated; or
   2. (2) It might not be possible to prove in an adjudicative hearing that the licensee engaged in the actions, even though a reasonable person would conclude, based on the totality of the evidence, including evidence that might not be admissible at a hearing, that the licensee did engage in the actions; or
3. (c) Commence an adjudicative proceeding to determine whether to impose disciplinary sanctions or non-disciplinary remedial measures.

Source. (See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)