JA1\IIES E. MCGRE:::VEY Governor

OFFICE Of THE A TTOlU'\J EY G ENER.A.L DEPARTM E:--IT oF L.-\ w M•D Puouc SAFETY

DIVISION OF CONSUMER AFFAIRS 0CCUP:\TIONAL THERAPY ADVISORY COUNCIL

124 HALSEY S rREET. 61 H FLOOR. NEWARK NJ

V lA CERT IFIED AND REGULAR MAlL

Elspeth G. Sawyer, O.T. 448 Mine Road Asbury, NJ 08802

Dear Ms. Sawyer:

March 30, 2004

Re: Uniform Pena lry L erter In L ieu of Formal Disciplinary Complain t License # 46TR001 38700

PEER C. HARVEY A till riley Gt!ncral

RENI ERDOS Dtrcc·tfJr

Maili11g .~cldress:

P.O. Bo~ -!5037 Nc::wark, NJ 07101

(973) 504-6570

This letter is to advise you that the New Jersey Occuparional Therapy Advisory Council ("Council") has had an opportunity to review information concerning your practice of occupational therapy during the time that your license was expired.

~/!ere specifically, you failed m submit a bienniai n::newai application m renew your license to practice occupational therapy in the State of New Jersey, which was due on or before October 30, 2003. You submitted an Application for Reinstatement dared December 9, 2003. Thereaftt:r, you were reinstated on February 2, 2004. In your application, you admitted that you practiced occupativnal therapy during the time your license was expired. As a result of the foregoing, the Council has preliminarily found that you have violated N.J .S.A. 45:9-37.59 and N.J.A.C. l3:44K-8.J.

The Council has determined that it will first offer you an opportunity to settle this matter and thereby avoid the ini tiation of disciplinary proceedings. Should you wish to avail yourself of this opponuniry, you shoula sign the acknowledgment below in connection with the above violations and agree: ( 1) to a reprimand; and (2) payment of a penalty in the amount ofS250.00 (to be paid immediately upon your signing of the acknowledgment at the bottom of this letter).

Altematively, you may submit a written statement or explanation t0 the Council and waive a hearing. The Council will then consider your submission and render a final decision, which may include any of the terms set forth above. Any disposition by way of a settlement wil l be a public record and will have the same effe(:t as an order of the Council. Any failure to comply with the terms to which you agree will be deemed a vio lation.

New Jersey Is An Equal Oppor:unuy Employer • Pnnted on RecJcled Paper and Rec:;clabl.t

Ms. Sawyer March 30, 2004 Page 2

If you do not wish to settle this matter, you may request a hearing. In that evem, this lerrt!r will serve as no tice of the charges against you and a neari~g will be scheduled before the Counci l. At that hearing you may, either personall y or with the assistance of an attorney, submit evidence and present testimony as may be necessary in order fo r rhe Council co make a tina! detennination concerning the charges of unlawful activity. You should be aware that in making its final decision, the Council may, if unlawful activity has been proven, assess civil penalties in the amount greater than that herein offered in this letter. Additionally, the Council may, if the facts are found to so warrant, emer an order, requiring you to reimburse certain monies, directing you to cease and desist from engaging in unlawful acts and/or requiring you ro pay cos ts incurred by the Council.

Tne enclosed certification should be completed and returned to the Council within fifteen ( 15) days following your receipt of this le tter. In the event that the Council receives no response from you within fifteen ( 15) days, the Council's settl ement offer will be withdrawn. and you will be deemed in default. The allegations against you will be deemed uncontested. The Council wi ll then proceed to schedule the matter fo r final review and will enter an appropriate order. Once an order has been entered, your fa ilure to pay any penalties may result in funher action to suspend or revoke your license.

Should you have any questions concerning this letter or the settlement offer herein, I suggest that you contact Deputy Attorney General Michelle Albertson who may be reached ar (973) 648-2975.

LLA/pcp Enclosure

Very truly yo urs, OCCUPATIONAL THER-\PY ADVISORY COUNCIL Jl .

~ Laura L. Anderson, Executive Direccor

c: Michelle Albertson, Deputy Attorney General

STATE OF NEW JERSEY DIVISION OF CONSUMER AFFAIRS

OCCUPATIONAL THERAPY ADVISORY COUNCIL

CERTIFICATION

I, 6 L 5 p 61 L...t a A WlJ (_e. ' hereby acknowledge that I have read and reviewed the Council's letter dated V\a rc.b., 3:0 ~regarding allegations of violations of the Council's statutes and/or regulations.

Please check one:

I acknowledge the conduct which has been charged and agree to the issuance of a reprimand and payment of$250.00 (to be paid upon signing of this certification). I am also aware that the action taken against me by the Council is a matter of public record, and that the Council's letter and this certification are public documents.

; ' . . . . .

I hereby waive any rights I may have to hearing in this matter defend m:Y.selfagainst any charges, but ask the Council to consider my explanation before rendering its final deCision. I understand that the Council may order any of the terms specified.· in its letter and that if it does so I will be obligated to comply. [ am also aware that the action takeri,(lgainst me by the Council herein is a matter of public

I •

record, and that the Council's letter and this cettj,fication are Pl.!blic documents. Failure to comply may subject me to further disciplinary action and. ~n.Y, fai.ture tp make a required payment win result in the filing of a certificate of debt.

I request a formal administrative hearing to contest the charges specified in the Council. 1 understand that I will be advised of the time, date and place for that hearing at another time. I am aware that I may be represented by an attorney and that at the time of the hearing I may submit to the Council testimony and documentation relevant to the charges. I understand that in making its final decision, the Council may, if unlawful activity has been proven, assess civil penalties in an amount greater than that herein offered in its letter and may order such other remedies as it may deem appropriate. I am also aware that this proceeding is a matter of public record and that the Council's letter and this certification are public documents.