What does a licensee waive by agreeing to/requesting an informal settlement hearing?

When a licensee agrees to or requests an informal settlement hearing, they waive the right to object to the participation of the board representative in the final decision. This aspect is crucial because informal settlement hearings are designed to facilitate a resolution without the formalities of a public hearing. By opting for this process, the licensee acknowledges that board representatives, who may include members involved in guiding the informal process, will play a role in making the final determination.

This agreement allows the process to move forward more efficiently, with a focus on negotiation and settlement rather than the adversarial nature of a more formal hearing. It reflects a willingness to engage with the board in a more collaborative manner, potentially leading to a resolution that may not have been reached in a more confrontational hearing.

While the licensee retains certain rights during the informal settlement hearing, including the overall ability to negotiate terms and agree to a settlement, they do sacrifice the ability to object to the composition of the decision-making body in this less formal environment. Understanding this waiver is vital for licensees as it can affect the outcome of their case significantly.