§ 12-245-214 — Denial of license, registration, or certification - reinstatement

(1) Each board is empowered to determine whether an applicant for licensure,
registration, or certification, or for registry as a candidate for licensure, registration,
or certification, possesses the qualifications required by this article 245.

(2) If a board determines that an applicant does not possess the applicable
qualifications required by this article 245 or, for a licensed clinical social worker,
licensed social worker, licensed marriage and family therapist, licensed
professional counselor, licensed addiction counselor, or certified addiction
counselor, is unable to demonstrate continued professional competence as
required by section 12-245-410, 12-245-506, 12-245-606, or 12-245-806,
respectively, the board may deny the applicant a license, registration, or
certification or deny the reinstatement of a license, registration, or certification. If
the application is denied, the board shall provide the applicant with a statement in
writing setting forth the basis of the board's determination that the applicant does
not possess the qualifications or professional competence required by this article
245. The applicant may request a hearing on the determination as provided in
section 24-4-104 (9).

(3) If a board has any reason to believe that, or receives any information that,
an applicant has committed any of the acts set forth in section 12-245-224 (1) as
grounds for discipline, the board may deny a license, registration, or certification to
the applicant if the board determines that there is a basis for the denial. The order
of the board to grant or deny a license, registration, or certification constitutes final
agency action.

(4) A board, on its own motion or upon application, at any time after the
refusal to grant a license, registration, or certification, may reconsider its prior
action and grant a license, registration, or certification. The board has sole
discretion to determine whether to take further action on the application after it
refuses to grant a license, registration, or certification.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1232, � 1, effective October 1. L. 2020: (2) amended, (HB 20-1206), ch. 304, p. 1527, � 9, effective July 14.