§ 5-20.7-22 - Hearing before revocation or suspension; refusal of certification or licensing.
SECTION 5-20.7-22
§ 5-20.7-22 Hearing before revocation orsuspension; refusal of certification or licensing. – (a) Before refusing to issue a certificate or license or suspending or revokinga certificate or license on its own motion, the director shall notify theapplicant of his or her intended action and the grounds for the action. Theapplicant may, within twenty (20) days, file with the director, in triplicate,a request for a hearing setting out his or her answer to the grounds specifiedin the notification. The director shall consider the answer and set a date forthe hearing, notifying the applicant of that date at least twenty (20) daysprior to the hearing date.
(b) Before refusing to issue a certification or suspending orrevoking an existing certificate or license upon the verified written complaintof any person setting out a cause of action under § 5-20.7-20, thedirector shall, in writing, notify the accused applicant or certificate holderof its receipt of the complaint, enclosing a copy of the complaint. The accusedapplicant, certificate, or license holder shall, within twenty (20) days, filewith the department, in triplicate, his or her answer to the complaint orcomplaints.
(c) The board shall transmit a copy of the answer to thecomplainant or complainants and set a time and place for a hearing, which shallbe at least twenty (20) days prior to the hearing date.
(d) All notices and answers required or authorized to be madeor filed under this section may be served or filed personally, or by certifiedmail to the last know business address of the addressee. If served personally,the time runs from the date of service; if by registered mail, from thepostmarked date of the letter enclosing the document.
(e) The director shall render a decision on any applicationor complaint within sixty (60) days after the final hearing in the matter andshall immediately notify the parties to the proceedings, in writing, of itsrulings, orders, or decisions. If the matter contained in the complaint hasbeen filed or made a part of a case pending in any court in this state, thedirector may then withhold its decision until the court action has beenconcluded. Hearings shall be held in accordance with rules promulgated by thedepartment in conformity with law. Any party aggrieved by a finaladministrative decision of the director may appeal the decision in accordancewith the provisions of the Administrative Procedures Act, chapter 35 of title42.