Notification of denial of application; leave to file another application; procedure for appeal of denial.
1. If an application is denied, the Division shall notify the applicant within 15 days after its decision. If the denial is on grounds other than a failure to pass the examination, the applicant may not reapply until he petitions the Division for leave to file another application. The Division may grant or deny that leave in its sole discretion.
2. If the applicant, within 30 days after receipt of the notice denying his application, files a written request containing allegations which, if true, qualify the applicant for a certificate, license or registration card, the President of the Commission shall set the matter for a hearing to be conducted within 90 days after receipt of the applicant’s request.
3. The hearing must be held at a time and place prescribed by the Commission. At least 15 days before the date set for the hearing, the Division shall serve the applicant with written notice of the hearing and include with the notice an exact copy of any protests filed, together with copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the matter in question. The notice may be served by personal delivery to the applicant, or by mailing it by certified mail to the applicant’s last known business or residential address.
4. The hearing may be held by the Commission or a majority thereof, and a hearing must be held if the applicant so desires. A record of the proceedings, or any part thereof, must be made available to each party upon the payment to the Division of the reasonable cost of transcription.
5. The Commission shall render a decision on the matter within 60 days after the final hearing and notify the parties to the proceedings, in writing, of its ruling, order or decision within 15 days after it is made.
Last modified: February 27, 2006