| (a) The determination of successful completion of an
order as defined by §189.2(22) of this title (relating to Definitions)
shall require that all terms and conditions of the order have been
completed and verified by a board Compliance Officer.
(b) Upon determination that all the terms and conditions
have been satisfied as outlined in subsection (a) of this section,
and no exception to a determination of Successful Completion as listed
in subsection (c) or (d) of this section exist, the Compliance Officer
will issue a written Notice of Termination of the Order. The effective
date of Successful Completion shall be the date on Notice of Termination
of the Order.
(c) If the Probationer is subject to an investigation,
ISC, and/or a SOAH contested case arising out of an alleged violation
of the order, the occurrence of which allegedly happened at any time
the order was in effect, there shall be no determination of Successful
Completion until the investigation, ISC, or pending SOAH contested
case arising from an alleged violation of the order is resolved and
approved by the Board through:
(1) a dismissal;
(2) agreed order;
(3) modification of the order; or
(4) a mediated or final order, resulting from a proceeding
or mediation at SOAH.
(d) Tolling. If any provision(s) of the order is tolled,
the term of the order shall be extended for the same length of time
that the order was tolled. There shall be no determination of Successful
Completion until the tolling of the order is lifted and all terms,
requirements, provisions or conditions are completed within the extended
time period. The completion of the tolled provisions shall be verified
by a board Compliance Officer.
(e) Partial Tolling. While a term or provision of an
order is tolled, the compliance monitoring of that particular requirement,
term or provision shall be suspended, while compliance monitoring
shall continue for remaining requirements, terms or provisions that
are not tolled.
(f) Exclusions from tolling. The following terms, requirements
or provisions shall not be tolled:
(1) completion of continuing education;
(2) payment of administrative penalties;
(3) passing the jurisprudence or SPEX; or
(4) any other term, requirement, provision specifically
excluded from the tolling.
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