Section 1900.815  Requests for Hearing

a)         If the Board finds that an applicant is not suitable for licensure, it shall issue the applicant a Notice of Denial.

b)         The Board shall serve notice on the applicant by e-mail pursuant to Section 1900.160, personal service, or certified U.S. Mail to the last known address of the applicant.  Service is complete upon transmission of the e-mail, date of personal service, or four days after mailing.

c)         Should an applicant wish to contest the action the Board has taken regarding his or her application, the applicant must submit a request for hearing to the Board.

d)         All requests for hearing shall be in writing. If a request for hearing is mailed, it shall include an original and one copy.  The request shall contain the following:

1)         The name, current address and current telephone number of the petitioner (the applicant);

2)         Detailed reasons why, and the facts upon which the petitioner will rely to show that, the petitioner is suitable for licensure, including specific responses to any facts enumerated in the Board's Notice of Denial;

3)         A signature of the petitioner;

4)         A verification of the petition in the following form:

"The undersigned certifies that the statements set forth in this request are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true."; and

5)         The request must be notarized.

e)         A request for hearing must be made within 10 days after service of Notice of Denial from the Board.  A request shall be deemed filed on the date the e-mail was transmitted or on which it is postmarked.

f)         If a request for hearing is not filed within 10 days of the date of service, then the Notice of Denial becomes the final order of the Board denying the applicant's license application.

g)         A request for hearing shall be deemed granted unless denied.  The Board may deny a request for hearing if the statement of the reasons and facts that it contains does not establish a prima facie case or fails to comply with any of the other requirements of this Section.  The Board's denial of a request for hearing is a final decision and the denial of licensure becomes a final order on the date the Board denies the request for hearing.

h)         A request for hearing may be withdrawn or voluntarily dismissed through written notification to the Board unless objected to by the Administrator.  If the Administrator objects, the request for hearing may not be withdrawn or voluntarily dismissed without leave of the Board.

i)          The petitioner may submit a request for hearing by:

1)         personal delivery;

2)         certified U.S. Mail, postage prepaid;

3)         overnight express mail, postage prepaid; or

4)         e-mail.

j)          All personally delivered or mailed requests must be submitted to the Administrator at the address provided in the Notice of Denial.  All requests sent by email must be submitted to the email address provided in the Notice of Denial.

k)         If a request is granted, an Administrative Law Judge will be appointed to conduct a hearing.