What happens if there is no prima facie case after a preliminary hearing?

The license remains suspended indefinitely

The license must be restored immediately

In Pennsylvania, if no prima facie case is established during a preliminary hearing, this indicates that the evidence presented is insufficient to warrant further action or legal proceedings against the licensee. As a result, the appropriate course of action is to immediately restore the license of the individual involved. This is based on the principle that if the prosecution fails to establish a foundational case, the individual should not be penalized or continue to suffer the consequences of a suspended license. Consequently, any restrictions on the individual’s ability to practice their profession should be lifted without delay, allowing them to resume their professional activities. This process is in alignment with due process and the rights of individuals facing disciplinary actions within the context of their professional licensing.

The licensee can appeal the decision

The board must schedule another hearing

Want more questions?

All options are one-time payments.

$12.99

30 day pass for new members

All the basics to get you started

  • Ad-free experience
  • View your previous attempt history
  • Mobile app access
  • In-depth explanations
  • 30 day premium pass access
$29.99 $92.93 usd

6 month DELUXE pass (most popular)

Everything with the 30 day premium pass FOR 6 MONTHS! & the ultimate digital PDF study guide (BONUS)

  • Everything included in the premium pass
  • $92.93 usd value for $29.99! You save $62.94!
  • + Access to the ultimate digital PDF study guide
  • + 6 months of premium pass access
  • + Priority support
$14.99 $19.99

Ultimate digital PDF study guide

For those that prefer a more traditional form of learning

  • Available for instant download
  • Available offline
  • Hundreds of practice multiple choice questions
  • Comprehensive content
  • Detailed explanations
Image Description
Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy