sec.7.42CEnding of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding

### sec.7.42C Ending of proceeding—subject officer does not give consent for new prescribed officer to conduct proceeding This section applies if the subject officer does not give the commissioner, within the stated period under section 7 .42B(1) or the longer period the commissioner allows, written consent to appoint a new prescribed officer to conduct the disciplinary proceeding. The commissioner must appoint another prescribed officer to start a disciplinary proceeding under division 3 or 4 against the subject officer for the complaint (the new proceeding ). See section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers. The prescribed officer appointed under subsection (2) must have the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer. Upon the new proceeding starting, the disciplinary proceeding is taken to be withdrawn and is of no effect. The prescribed officer must conduct the new proceeding without regard to any submissions or material given by the subject officer for the disciplinary proceeding, unless the subject officer consents to the submissions or material being used for the new proceeding. Despite section 7 .12, the new proceeding must start within 28 days after the appointment of the prescribed officer under subsection (2) . s 7.42C ins 2023 No. 7 s 58 (sec.7.42C-ssec.1) This section applies if the subject officer does not give the commissioner, within the stated period under section 7 .42B(1) or the longer period the commissioner allows, written consent to appoint a new prescribed officer to conduct the disciplinary proceeding. (sec.7.42C-ssec.2) The commissioner must appoint another prescribed officer to start a disciplinary proceeding under division 3 or 4 against the subject officer for the complaint (the new proceeding ). See section 7 .35(2) for the disciplinary sanctions that may be imposed by particular prescribed officers. (sec.7.42C-ssec.3) The prescribed officer appointed under subsection (2) must have the power to impose the same or a lesser disciplinary sanction under this part as the original prescribed officer. (sec.7.42C-ssec.4) Upon the new proceeding starting, the disciplinary proceeding is taken to be withdrawn and is of no effect. (sec.7.42C-ssec.5) The prescribed officer must conduct the new proceeding without regard to any submissions or material given by the subject officer for the disciplinary proceeding, unless the subject officer consents to the submissions or material being used for the new proceeding. (sec.7.42C-ssec.6) Despite section 7 .12, the new proceeding must start within 28 days after the appointment of the prescribed officer under subsection (2) .