§ 5-20.7-22. Hearing before revocation or suspension; refusal of certification or licensing.
(a) Before refusing to issue a certificate or license or suspending or revoking a certificate
or license on its own motion, the director shall notify the applicant of his or her
intended action and the grounds for the action. The applicant may, within twenty (20)
days, file with the director a request for a hearing setting out his or her answer
to the grounds specified in the notification. The director shall consider the answer
and set a date for the hearing, notifying the applicant of that date at least twenty
(20)days prior to the hearing date.
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§ 5-20.7-22. Hearing before revocation or suspension; refusal of certification or licensing.
(a) Before refusing to issue a certificate or license or suspending or revoking a certificate
or license on its own motion, the director shall notify the applicant of his or her
intended action and the grounds for the action. The applicant may, within twenty (20)
days, file with the director a request for a hearing setting out his or her answer
to the grounds specified in the notification. The director shall consider the answer
and set a date for the hearing, notifying the applicant of that date at least twenty
(20) days prior to the hearing date.
(b) Before refusing to issue a certification or suspending or revoking an existing certificate
or license upon the verified, written complaint of any person setting out a cause
of action under § 5-20.7-20, the director shall, in writing, notify the accused applicant or certificate holder
of its receipt of the complaint, enclosing a copy of the complaint. The accused applicant,
certificate, or license holder shall, within twenty (20) days, file his or her answer(s)
to the complaint or complaints with the department.
(c) The board shall transmit a copy of the answer to the complainant or complainants and
set a time and place for a hearing, which shall be at least twenty (20) days prior
to the hearing date.
(d) All notices and answers required or authorized to be made or filed under this section
may be served or filed personally, or by certified mail to the last known business
address of the addressee. If served personally, the time runs from the date of service;
if by registered mail, from the postmarked date of the letter enclosing the document.
(e) The director shall render a decision on any application or complaint within sixty
(60) days after the final hearing in the matter and shall immediately notify the parties
to the proceedings, in writing, of its rulings, orders, or decisions. If the matter
contained in the complaint has been filed or made a part of a case pending in any
court in this state, the director may then withhold its decision until the court action
has been concluded. Hearings shall be held in accordance with rules promulgated by
the department in conformity with law. Any party aggrieved by a final administrative
decision of the director may appeal the decision in accordance with the provisions
of the administrative procedures act, chapter 35 of title 42.