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Originally Posted by ELA
Rather than debate issues where we are counting other people's money, I for one would like to get some clarification on the "suspension" issue. The terms and conditions of the suspension will dictate how a person has to abide. As I said, this will vary from state to state.
So at least we know, in CA, the suspended trainer can communicate with whoever he wants. No phone record incriminations or anything of the like. I am sure if this positive test was elevated to a criminal matter then the circumstances would change. However, as one person pointed out, a positive test is not a criminal matter -- at least not initially. Anyway, I checked with local counsel and the same applies in NY and NJ.
Here is what he told me about bank records: He said that the CHRB has invetigators and they will try to stay on top of the money trail and make sure the trainer is not getting paid. They don't actually subpoena the bank records. They ask the trainer to voluntarily turn them over. If the trainer refuses, then the Board can refuse to give him his license back. Then the trainer could take them to court if it got that far. But usually the trainers will cooperate and give the board their bank records for every month during the suspension.
I would think that the terms and conditions not only spell out what the trainer can and cannot do to in order to abide, but it would also spell out what the governing body can and cannot do.
Thanks in advance to anyone who is able to clarify some of these issues. Somewhat ironic -- we need someone who has been suspended to clarify this for us, LOL.
Eric
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Ladies and gentlemen --
I am quoting myself here to clarify something. The paragraph I have bolded and that starts out "Here is what he told me" IS NOT MY WORDS. I cut/pasted this from another poster so that I could answer the questions and I forgot to remove it. I apologize as those are not my words and I do not believe them to be true.
Thank you! And I will be removing the paragraph from my post. I say this because someone else already quoted me and it was a mistake.
Eric