Charles T. Thibodeau & Associates

Licensing Board Disciplinary Process:

                                                                                     

                                                                                             

LICENSING BOARD DISCIPLINARY PROCESS

CTTA100

Four-Hour Seminar

(Non-credit Class)

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Author: Charles T. Thibodeau, M.Ed., CPP, CSS, CPO


Course Purpose & Focus:

This course will serve a vital need that license holders and certified practitioners have to know The Licensing Board disciplinary practices awaiting them if a complaint is ever filed against them. This seminar is actually needed because license holders and certified practitioners are not made aware of the specific disciplinary procedures awaiting them by The Licensing Board. A minor complaint can result in a critical disciplinary hearing and the threat of fines and suspension or loss of the license or certification. This course is designed for the purpose of making license holders and certified practitioners aware of the seriousness of the topic and what they can do to protect themselves and their license or certification in the future.

Course Description:

This course will explain in detail why every license holder and certified practitioner needs to be concerned about their business continuity due to possible future adverse actions taken by The Licensing Board against them. This course will introduce students to a general overview of the Minnesota Private Detective and Protective Agent Services Board bureaucratic disciplinary process. It will point out how the Minnesota Data Privacy Act, Chapter 13 of the Minnesota Statutes, affects the disciplinary practices of The Licensing Board. It will point out how the Open Meeting law is suspended during this process. The course will explain why the State and Federal Constitutions are suspended and not available for use by the accused during the disciplinary process.

Course Description, Continued:

Students will learn why “due process of law” during the disciplinary process is not allowed. Students will learn what the Tennessen Warning is. The course will contrast and compare the Tennessen Warning with the Miranda Warning. Students will learn what exactly The Licensing Board will allow them to discover about the complaint prior to the disciplinary hearing. Students will learn that the disciplinary hearing is held in secret so no one from the general public can witness how the accused is treated by The Licensing Board.. Students will learn when it will become necessary to retain a lawyer for representation in the disciplinary process. Students will learn that their lawyer will be greatly restricted in what he or she can discover about the specifics of the case. Students will learn that their lawyer will be of very limited value in the disciplinary hearing process. Actual case histories will be discussed during the seminar and a case history sharing time will take place. Strategies of what to do and how to win dismissals from the board will be discussed. There will be a short discussion regarding how fines are determined by The Licensing Board and the relationship between the $499 fine and the denial of the right to appeal the Board’s decision.

Who Should Attend:

All License Holders, Minnesota Managers, Qualified Representatives, Certified Practitioners.
Lawyers, Legislators, Media Reporters, and The Licensing Board members.
Prerequisites & Credits:

None, as of February 2007. This course will be submitted for approval for four hours of continuing education credits. The purpose of this course is to become aware of what faces the license holder or certified practitioner, not to accumulate continuing educations credits at this time.

Required Text:

There will be no textbook for this course. There will be handouts distributed during the seminar.

Methodologies:

This course will be taught by an appropriate selection of the following tools, tailored to facilitate the delivery of the subject matter being taught:

lectures, demonstrations, illustrations, class discussions, guest speakers, readings, tutorial exams, video tapes, audio tapes, DVD/CD presentations, two-way interactive computer activities, and other methodologies as deemed necessary by the instructor.

Course Content:

The following topics will be addressed during this course:
    1. Describe the part bureaucracies play in our system of government
    2. Describe how The Licensing Board fits the description of a bureaucratic agency
    3. Compare and contrast a democratic republic bureaucracy with a oligarchy bureaucracy
    4. Examine The Licensing Board from the Commissioner of Public Safety, through the BOCA and the Office of the Attorney General.
    5. Explain The Licensing Board system of oversight or lack there of.
    6. Explain the connection The Licensing Board has to the Attorney General’s Office.
    7. List step by step the disciplinary process leading up to the disciplinary hearing.
    8. List step by step what will happen in a disciplinary hearing.
    9. Explain the Data Privacy Act and how it influences the licensing board.
    10. Examine the Tennessen warning, what it says and how it works in conjunction with the Rules.
    11. Compare and contrast the Tennessen warning with the Miranda warning.
    12. Explain how self-incrimination is used by The Licensing Board.
    13. Explain why “due process of law” does not apply to administrative discipline hearings.
    14. Explain in detail what “fairness” has to do with the disciplinary process.
    15. Explain when the appropriate time would be to engage an attorney.
    16. Explain what facts an attorney can find out that the accused cannot find out.
    17. Discuss how the accused can prepare for the disciplinary hearing.
    18. Discuss what others have done to win their case against these impossible odds.
    19. Examine how discipline or fines are determined.
    20. Discuss how the $499 fine is used to prevent the subject’s right to an appeal.


Course Schedule:

This course is designed for four hours of cognitive training per day of training.

Instructor Expectations:

The instructor expects each student to have perfect attendance, be on time for each session, keep their breaks to the posted time limits, and be alert and participate in class exercises and projects. Each student is encouraged to take notes, ask questions, and interact with other students.

How the Student Will Be Evaluated:

The instructor may use a pass/fail tutorial exam or a graded exam during the seminar. The instructor may choose to simply evaluate the student’s participation in the class on a pass/fail basis.

Certificate of Completion:

The certificate of completion will indicate dates of attendance, hours of attendance, and the specific seminars that have been successfully completed. The student will receive the original of the Certificate, a copy will be provided to the student’s employer, and Charles T. Thibodeau & Associates will retain one copy.