Section R722-330-6 - Issuance of License(1)(a) Upon receipt of a completed application packet, the bureau shall conduct a thorough background investigation to determine if the applicant meets the requirements for licensure. (b) Once the background check is complete, the bureau shall submit the completed application packet to the board for review, unless the application is for an apprentice license. (c)(i) The bureau shall review all applications for apprentice licenses to determine whether the applicants meet the requirements for licensure. (ii) If the bureau finds that an applicant for an apprentice license meets the requirements for licensure, the bureau shall issue the apprentice license within five days. (iii) If the bureau finds that an applicant for an apprentice license does not meet the requirements for licensure, the bureau shall submit the application to the board. (2)(a) The board shall review all application packets submitted by the bureau to determine whether an applicant meets the requirements for licensure. (b) If the board determines that an applicant meets the requirements for licensure, the board shall direct the bureau to issue the license. (3) If the background check indicates that an applicant does not meet the qualifications set forth in Subsection 53-9-108(1)(b), the board shall consider any mitigating circumstances submitted by the applicant. (4)(a) If the board determines that an applicant does not meet the qualifications for licensure the board shall deny the application. (b) The board shall issue a written denial which states the reasons why the license was denied and indicates that the applicant may request a hearing before the board by filing a written request within 30 calendar days from the date the board's written denial was issued. (5)(a) If the applicant requests a hearing, the board shall conduct an informal hearing during which the applicant may present evidence and testimony in response to evidence and testimony presented by the bureau. (b) The board shall issue a written decision, within ten business days of the hearing, which states the reason for the decision and indicates that the decision may be reviewed by the commissioner if the applicant files a written request for review with the commissioner within 30 calendar days. (6)(a) If the applicant requests review of the board's decision, the commissioner or his designee shall review the materials in the bureau's file, any materials submitted by the applicant, and the findings of the board. (b) The commissioner shall issue a written decision, within 30 calendar days from the date of the request for review, which states the reasons for the decision and indicates that the applicant may appeal to the district court by complying with the requirements found in Section 63G-4-402. Utah Admin. Code R722-330-6
Amended by Utah State Bulletin Number 2015-16, effective 7/22/2015