(a) Application Review and Investigation. In application matters: - (i) Every applicant bears the burden of satisfying licensure requirements; and
- (ii) After an applicant has demonstrated that he or she meets the requirements for licensure, the burden shifts to the ARC to prove there are justifiable grounds for denying the license or certificate.
(b) Application Review Committee Action. The ARC may recommend: - (i) A license be issued, renewed, reactivated, relicensed, or reinstated;
- (ii) A license be issued, renewed, reactivated, relicensed, or reinstated subject to conditions, restrictions, or other disciplinary action;
- (iii) Approval of a settlement agreement, which may include the issuance, renewal, reactivation, relicensure, or reinstatement of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination thereof; or
- (iv) 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 denial or issuance of a license subject to conditions, restrictions, or other disciplinary action;
- (B) A statement of the nature of the actions that warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the NPA, Board Rules, or both; 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:
- (A) Approval of the license subject to conditions, restrictions, or other disciplinary action; or
- (B) Denial of the application.
- (ii) The applicant shall submit a written request for hearing to the Board office within thirty (30) days of the date of the Notice of Intent.
(e) Applicant's Failure to Request a Hearing. If the applicant fails to timely request a hearing of the ARC's recommendation, the Board shall set a hearing.
(f) An applicant shall not be permitted to withdraw an application in lieu of discipline.
Amended, Eff. 10/25/2016.
Amended, Eff. 11/19/2018.