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Article R4126-18 of the French Public Health Code

Under the authority of the President of the Chamber and with the assistance of the Registrar of that Chamber, the rapporteur is empowered to hear the parties, take evidence and make any findings that may be useful in ascertaining the truth. He may ask the parties for any exhibits or documents that may be useful in resolving the dispute. The rapporteur draws up minutes of each hearing. Each party or…

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Article R4126-19 of the French Public Health Code

Articles R. 621-1 to R. 621-11 and R. 621-14 of the Code of Administrative Justice relating to expertise are applicable before the disciplinary chambers of first instance and before the national disciplinary chambers. The powers conferred on the presidents of the administrative courts and those of the administrative courts of appeal are exercised respectively by the presidents of the disciplinary chambers of first instance and by the presidents of the…

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Article R4126-21 of the French Public Health Code

The death of the practitioner being prosecuted immediately and definitively terminates the proceedings before both the Disciplinary Chamber of First Instance and the National Disciplinary Chamber. In cases that are not ready for trial, the proceedings are suspended upon notification of the death of the plaintiff. This suspension lasts until formal notice is given to resume the proceedings.

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Article R4126-23 of the French Public Health Code

A member of the court who assumes that he or she has grounds for disqualification or who conscientiously considers that he or she should abstain shall be replaced by another member appointed by the chairman of the court. If a full member of the Disciplinary Board is unable to attend or abstain, or if he agrees to a request for disqualification, he may be replaced by one of the substitute…

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Article R4126-25 of the French Public Health Code

The docket for each hearing is drawn up by the Chairman of the Disciplinary Board. The parties are summoned to the hearing. The summons must reach the parties at least fifteen days before the date of the hearing. Additional time limits for distance are added in accordance with the provisions of articles 643 and 644 of the Code of Civil Procedure . However, when the case is referred to the…

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Article R4126-26 of the French Public Health Code

Cases are heard in open court. However, the Chairman may, of his own motion or at the request of one of the parties, after having obtained the opinion of the rapporteur where appropriate, prohibit access to the courtroom for all or part of the hearing in the interests of public order or where this is justified by respect for privacy or medical confidentiality.

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