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ABC Model Practice Act

January 2015

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Section 5. Powers and Duties of the Department

(a) The Department shall exercise the powers and duties prescribed by the Civil Administrative Code of (State name) for the administration of licensure Acts and shall exercise other powers and duties necessary for effectuating the purposes of this Act.

 (b) The Department may adopt rules to administer and enforce this Act including, but not limited to, fees for original licensure, renewal and restoration of licenses and may prescribe forms to be issued to implement its rules. The Department shall exercise the powers and duties prescribed by this Act. At a minimum, the rules adopted by the Department shall include standards and criteria for licensure and for professional conduct and discipline. The Department shall consult with the Board in adopting rules. Notice of proposed rule-making shall be transmitted to the Board, and the Department shall review the Board's response and any recommendations made in writing with proper explanation of deviations from the Board's recommendations and response.

 (c) The Department shall seek the expert advice and knowledge of the Board on any matter relating to the enforcement of this Act.