Section 4-5 - Application Review and Investigation Process (a) Application Review and Investigation. In application and licensure matters: - (i) Every application for a license issued by the Board is subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied; and
- (ii) Every application that reveals information which merits further investigation shall be assigned to the ARC.
- (A) Upon completing the investigation, the Board's investigator shall make a written report to the ARC setting forth the facts discovered. The investigator may make a recommendation to the ARC as to the disposition of the application. The ARC is not bound by the investigator's recommendation.
- (B) Investigation files of any application review which is pending are confidential and not public record.
(b) Application Review Committee Action. Following investigation, the ARC may: - (i) Recommend a license be issued;
- (ii) Recommend approval of a settlement agreement, which may include the issuance of a license with the imposition of a reprimand, conditions, restrictions, other discipline or a combination there of; or
- (iii) Preliminarily deny the application.
(c) Notice of Preliminary Denial. - (i) The ARC shall notify the applicant that it preliminarily denied the application:
- (ii) The Notice shall contain:
- (A) A brief description of the facts or conduct which warrant the preliminary denial of the application;
- (B) A statement of the nature of the actions which warrant the preliminary denial of the application and a citation to the applicable statutory provisions in the Act or the Board Rules; and
- (C) Notice of the right to a contested case hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Preliminary Denial.
(d) Applicant's Request for Hearing. - (i) The applicant may request a hearing if the ARC preliminarily denies the application.
- (ii) The applicant shall submit a written request for a contested case hearing to the Board office within thirty (30) days of the date of the Notice of Preliminary Denial.
- (iii) Failure of the applicant to request a contested case hearing within thirty (30) days of the date of the Notice of Preliminary Denial shall result in a final denial of the application.