sec.7.42BAppointment of new prescribed officer

### sec.7.42B Appointment of new prescribed officer The commissioner must, within 28 days after the commissioner becomes aware that the original prescribed officer is unable to continue to conduct the disciplinary proceeding, ask the subject officer to give the commissioner, within 14 days after the request (the stated period ), written consent to appoint another prescribed officer (a new prescribed officer ) to conduct the disciplinary proceeding. If the subject officer gives written consent within the stated period or a longer period the commissioner allows, the commissioner may appoint a new prescribed officer with the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer. See section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers. The appointment of the new prescribed officer must be made within 28 days after the commissioner receives the subject officer’s consent. In conducting the disciplinary proceeding, the new prescribed officer may consider only— any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7 .18 or 7.25; and any submissions and materials given to the original prescribed officer or new prescribed officer under section 7 .19(2) or 7.26(1). If the original prescribed officer had proposed imposing a professional development strategy on the subject officer under section 7 .18 or 7.28, the new prescribed officer may impose the same or a different professional development strategy but must not impose a disciplinary sanction on the subject officer. If the original prescribed officer had proposed imposing a disciplinary sanction on the subject officer under section 7 .18 or 7.28 (the proposed sanction ), the new prescribed officer must not impose a greater disciplinary sanction on the subject officer than the proposed sanction. s 7.42B ins 2023 No. 7 s 58 (sec.7.42B-ssec.1) The commissioner must, within 28 days after the commissioner becomes aware that the original prescribed officer is unable to continue to conduct the disciplinary proceeding, ask the subject officer to give the commissioner, within 14 days after the request (the stated period ), written consent to appoint another prescribed officer (a new prescribed officer ) to conduct the disciplinary proceeding. (sec.7.42B-ssec.2) If the subject officer gives written consent within the stated period or a longer period the commissioner allows, the commissioner may appoint a new prescribed officer with the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer. See section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers. (sec.7.42B-ssec.3) The appointment of the new prescribed officer must be made within 28 days after the commissioner receives the subject officer’s consent. (sec.7.42B-ssec.4) In conducting the disciplinary proceeding, the new prescribed officer may consider only— any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7 .18 or 7.25; and any submissions and materials given to the original prescribed officer or new prescribed officer under section 7 .19(2) or 7.26(1). (sec.7.42B-ssec.5) If the original prescribed officer had proposed imposing a professional development strategy on the subject officer under section 7 .18 or 7.28, the new prescribed officer may impose the same or a different professional development strategy but must not impose a disciplinary sanction on the subject officer. (sec.7.42B-ssec.6) If the original prescribed officer had proposed imposing a disciplinary sanction on the subject officer under section 7 .18 or 7.28 (the proposed sanction ), the new prescribed officer must not impose a greater disciplinary sanction on the subject officer than the proposed sanction. - (a) any matters stated in an abbreviated process notice or the disciplinary charge stated in the disciplinary proceeding notice given to the subject officer under section 7 .18 or 7.25; and - (b) any submissions and materials given to the original prescribed officer or new prescribed officer under section 7 .19(2) or 7.26(1).