(a) Application Review and Investigation. In application and licensure matters: - (i) Every application for a license is subject to investigation to determine if the application satisfies the requirements set by the Act and Board rules; and
- (ii) Every application that reveals information that merits further investigation shall be assigned to the ARC.
(b) Application Review Committee Action. Following investigation, the ARC may: - (i) Recommend a license be issued, renewed, or reinstated;
- (ii) Recommend a license be issued, renewed, or reinstated subject to conditions, restrictions, or other disciplinary action;
- (iii) Recommend approval of a settlement agreement, which may include the issuance, or renewal of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination thereof; or
- (iv) Recommend denial of the application.
(c) Notice of Intent to Recommend Approval Subject to Conditions, Restrictions, Other Disciplinary Action or Denial of License. - (i) The ARC shall notify the applicant of its intent to recommend:
- (A) Approval of the license subject to conditions, restrictions, or other disciplinary action; or
- (B) Denial of the application;
- (ii) The Notice of Intent shall contain:
- (A) A brief description of the facts or conduct that warrant the issuance or denial of a license subject to conditions, restrictions, or other disciplinary action;
- (B) A statement of the nature of the actions that warrant the issuance or denial of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the Act or the Board rules; and
- (C) Notice of the right to a hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Intent.
(d) Applicant's Request for Hearing. - (i) The applicant may request a hearing if the ARC recommends approval of the license subject to conditions, restrictions, or other disciplinary action or denial of the application.
- (ii) An applicant who desires a hearing shall submit a written request for hearing to the Board office within thirty (30) days of the date of the Notice of Intent or the Board shall not grant a hearing;
- (iii) Failure of the applicant to pursue proceedings related to the application after requesting a hearing may result in dismissal.
Adopted, Eff. 12/14/2017.