53-9-113 - Grounds for denial of a license -- Appeal.
53-9-113. Grounds for denial of a license -- Appeal.
(1) The board may deny a license or the renewal of a license if the applicant has:
(a) committed an act that, if committed by a licensee, would be grounds for probation,suspension, or revocation of a license under this chapter;
(b) employed or contracted with a person who has been refused a license under thischapter or who has had a license revoked;
(c) while not licensed under this chapter, committed, or aided and abetted thecommission of, any act for which a license is required by this chapter; or
(d) knowingly made a material misstatement in connection with an application for alicense or renewal of a license.
(2) (a) The board's denial of a license under this chapter shall:
(i) be in writing;
(ii) describe the basis for the denial; and
(iii) inform the applicant that if the applicant desires a hearing to contest the denial, theapplicant shall submit a request in writing to the board within 30 days after the denial has beensent by the department by certified mail to the applicant.
(b) The board shall schedule a hearing on the denial for the next board meeting after theapplicant's request for a hearing has been received by the board.
(3) The decision of the board may be appealed to the commissioner, who may:
(a) return the case to the board for reconsideration;
(b) modify the board's decision; or
(c) reverse the board's decision.
(4) The department shall promptly issue a final order of the commissioner and send theorder to the applicant.
(5) Decisions of the commissioner are subject to judicial review pursuant to Section63G-4-402.
Amended by Chapter 382, 2008 General Session