Section 61-5A-19 - Reinstatement of revoked or suspended license. (Repealed effective July 1, 2016.)
61-5A-19. Reinstatement of revoked or suspended license. (Repealed effective July 1, 2016.)
A. Unless otherwise stated in the order of revocation, a motion for reinstatement of a revoked license may not be filed for a period of at least three years from the effective date of the revocation.
B. If the motion for reinstatement is denied, no further motions for reinstatement shall be considered for a period of one year.
C. A licensee who has been suspended for a specific period of time shall be automatically reinstated at the expiration of the period specified in the order of suspension. The suspended dentist or dental hygienist will automatically be reinstated as of the day after the expiration of the period of suspension; provided that prior to the expiration of such time if the administrative prosecutor has filed with the board or committee the written objections, the suspended dentist or dental hygienist shall not be automatically reinstated. Should objections be filed, the petition for reinstatement shall be referred to the board or committee for hearing under Subsection E of this section.
D. Suspended dentists or dental hygienists, indefinite suspension:
(1) a licensee who has been suspended for an indefinite period of time may, at any time after complying with the conditions of reinstatement, file a petition for reinstatement with the board or committee;
(2) the petition shall be referred to the board or committee for hearing under Subsection E of this section; and
(3) if the motion for reinstatement is denied, no further motions for reinstatement will be considered for a period of one year.
E. Procedure for reinstatement hearings are as follows:
(1) applications for reinstatement shall be referred to the board or committee for hearing if the applicant meets the criteria set forth in this section;
(2) the board or committee shall schedule a hearing as soon as practical at which the applicant shall have the burden of demonstrating that the applicant has the moral qualifications, that the applicant is once again fit to resume the practice of dentistry or dental hygiene and that the resumption of the applicant's practice of dentistry or dental hygiene will not be detrimental to the public interest;
(3) the board or committee shall file its findings of fact, conclusions of law and decision within ninety days of the hearing; and
(4) the board's or committee's decision to refuse to reinstate a license shall not be reviewable except for an abuse of discretion.