Proposed Text
3VAC5-10-160. Offers in compromise.
Following notice of a disciplinary proceeding, a
licensee may be afforded opportunity for the submission of an offer in
compromise in lieu of suspension or in addition thereto, or in lieu of revocation
of his license, where in the discretion of the board, the nature of the
proceeding and the public interest permit. Such offer should be addressed to
the secretary to the board chief hearing officer. Upon
approval by the board, acceptance Acceptance of the offer in
compromise shall constitute an admission of the alleged violation of the A.B.C.
laws or regulations, and shall result in a waiver of the right to a formal
hearing and the right to appeal or otherwise contest the charges. The reason
for the acceptance of such an offer shall be made a part of the record of the
proceeding. Unless good cause be shown, continuances for purposes of
considering an offer in compromise will not be granted, nor will a decision
be rendered prior to a hearing if received within three days of the
scheduled hearing date, nor will more than two offers be entertained during the
proceeding. Further, no offers shall be considered by the board if received
more than 15 calendar days after the date of mailing of the initial decision or
the proposed decision, whichever is later. An offer may be made at the
appeal hearing, but none shall be considered after the conclusion of such
hearing. Offers in compromise may be submitted anytime following notice
of a disciplinary proceeding and before the conclusion of an appeal hearing.
Any such offer may not be accepted at the informal conference and no offer
shall be submitted after the conclusion of the appeal hearing. The board
may waive any provision of this section for good cause shown.