Interim Orders: A Difficult Decision

Perspectives for the Professions

Legislation for many regulatory processes provides that interim orders, including an interim suspension, may be imposed before the conclusion of the investigation and adjudicative process. An interim order may be essential to protect the public while the regulatory proceeding is concluded. However, it is also exceptional in nature as it impacts the rights and interests of an investigated person prior to any factual finding or conclusion on liability. There is an inherent tension between the presumption of innocence and the need to protect the public pending the completion of the process. As a result, determining whether an investigated person should be subject to orders while a complaint is investigated and decided is one of the most difficult decisions faced in a regulatory process.