2022 ALC 18061 Interim CA

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STATE OF MAINE

BOARD OF ALCOHOL AND DRUG COUNSELORS

In re: )
) INTERIM
ADRIAN A. COUNCE ) CONSENT AGREEMENT
License Nos. LC7508, CCS7879 )
Complaint No. 2022-ALC-18061 )

INTRODUCTION

This document is an Interim Consent Agreement (“Agreement”) concerning Adrian A.

Counce’s licensed alcohol and drug counselor and certified clinical supervisor licenses. The

parties to the Agreement are: Adrian A. Counce (“Mr. Counce”); the Maine State Board of

Alcohol and Drug Counselors (“Board”); and the State of Maine Office of the Attorney General

(“Attorney General”). The Consent Agreement is entered into pursuant to 10 M.R.S. § 8003(5-

A).

STATEMENT OF FACTS

1. Mr. Counce was first licensed to practice as a licensed alcohol and drug counselor

(“LADC”) in Maine on or about September 27, 2021, license no. LC7508.

2. Mr. Counce was first licensed to practice as a certified clinical supervisor (“CCS”) in

Maine on or about September 28, 2021, license no. CCS7879.

3. On or about February 3, 2022, the Board learned that Mr. Counce was arrested on a

criminal charge of Gross Sexual Assault (Class A) in Knox County in the State of Maine (Docket

No. KNOCD-CR-2022-00081). As a result of receiving this information, the Board initiated a

complaint against Mr. Counce’s LADC and CCS licenses; Board staff docketed the Complaint as

No. 2022-ALC-18061.

4. The Board is now prepared to initiate the process for considering whether it should take

action against Mr. Counce’s LADC and CCS licenses.


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2022-ALC-18061
5. Mr. Counce desires to avoid testifying before the Board prior to the resolution of the

criminal matter Docket No. KNOCD-CR-2022-00081. Accordingly, Mr. Counce requests that

the Board postpone pursuing action against his LADC and CCS licenses pending the outcome of

his criminal case.

6. Absent Mr. Counce accepting this Agreement by signing and dating it and returning it to

Jessica Farnham, Complaint Coordinator, Department of Professional and Financial Regulation,

35 State House Station, Augusta, ME 04333, within thirty (30) days of receipt, the Board will

initiate the process for considering whether it should take action against Mr. Counce’s LADC

and CCS licenses.

COVENANTS

7. Mr. Counce admits to the Facts as stated above and agrees to an immediate

VOLUNTARY SUSPENSION of his Maine LADC and CCS licenses effective upon final

execution of this Agreement, which voluntary suspension shall remain in effect until such time

as: (1) the Board takes final action regarding Complaint No. 2022-ALC-18061; (2) Mr. Counce

is acquitted of all charges in Docket No. KNOCD-CR-2022-00081; or (3) all charges in Docket

No. KNOCD-CR-2022-00081 against Mr. Counce are dismissed.

8. As consideration for Mr. Counce’s acceptance of this immediate suspension, the Board

agrees to postpone any other action against his LADC and CCS licenses until the sooner of the

following eventualities: (a) the date the criminal proceedings in Docket No. KNOCD-CR-2022-

00081 are resolved; or (b) in accordance with the provisions of paragraph 9 of this Agreement.

9. Upon request of either party to this Agreement and notice to the other party, the Board

will reinitiate the process for considering whether it should take action against Mr. Counce’s

LADC and CCS licenses. The Board, however, will not, without the consent of Mr. Counce, set

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2022-ALC-18061
the matter for an adjudicatory hearing sooner than sixty (60) days after notice under this

paragraph to Mr. Counce.

10. Violation of any of the terms or conditions of this Agreement by Mr. Counce shall

constitute grounds for discipline, including but not limited to modification, suspension, or

revocation of licensure or the denial of licensure or re-licensure.

11. Mr. Counce waives his right to a hearing before the Board or any court regarding all

findings, terms, restrictions, and conditions of this Agreement.

12. This Agreement is not appealable and is effective until modified or rescinded by the

parties hereto. This Agreement may be modified only with the written consent of all of the

parties.

13. The Board and the Office of the Attorney General may communicate and cooperate

regarding any matter related to this Agreement.

14. This Agreement is a public record within the meaning of 1 M.R.S. § 402 and will be

available for inspection and copying by the public pursuant to 1 M.R.S. § 408-A.

15. Nothing in this Agreement shall be construed to affect any right or interest of any person

not a party hereto.

16. This Agreement constitutes adverse action that is reportable to the National Practitioner

Data Bank (“NPDB”).

17. This Agreement becomes effective on the date of the last necessary signature below.

18. This Agreement may be signed in counterparts, with all counterparts together constituting

one original instrument. Signatures below may be applied and/or saved electronically, and such

electronic signatures will be given the same effect as a paper document signed in ink.

19. Mr. Counce acknowledges by his signature hereto that he has read this Agreement, that

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2022-ALC-18061

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