§ 1841 -   Preliminary decisions

§ 1841. Preliminary decisions

When the board intends to deny an application for licensure or makes any other decision that would prevent an applicant from obtaining a license, the board shall send the applicant written notice of its preliminary decision by certified mail. The notice shall include a specific statement of the reasons for the action. Within 30 days of the date that an applicant receives such notice, the applicant may file a petition with the board for review of its preliminary decision. In cases where the preliminary decision is based upon failure to pass the Vermont osteopathic licensure examination, the applicant may request and shall receive, within 30 days from the date of receipt of the request, further and more specific information on the content of questions which were answered incorrectly, and what the correct answers should have been. This information shall be provided by the testing service if one has been used. At the hearing to review the preliminary decision, which, if the applicant chooses, may not take place until the board has responded to inquiries about the questions and answers, the burden shall be on the applicant to show that licensure should be granted. After the hearing, the board shall issue a final decision which affirms or reverses its preliminary denial or decision explaining the reasons therefor. (Added 1989, No. 253 (Adj. Sess.), § 15.)