§30-20-11 Procedures for hearing.
§30-20-11. Procedures for hearing.
(a) Whenever the board shall deny an application for any original or renewal license or any application for a temporary permit or shall suspend or revoke any license or temporary permit it shall make and enter an order to that effect and serve a copy thereof on the applicant or licensee, by certified mail, return receipt requested. The order shall state the grounds for the action taken. Before the board may take any disciplinary action against a licensee, the licensee shall be provided with a written statement of the charges against him or her and notice of the right of the licensee to demand a hearing.
(b) Any applicant or licensee shall be entitled to a hearing thereon (as to all issues not excluded from the definition of a "contested case" as set forth in article one, chapter twenty-nine-a of this code) if, within twenty days after receipt of a copy thereof, he or she files with the board a written demand for a hearing. The board may require the applicant or licensee to give reasonable security for the costs thereof, and, if the applicant or licensee does not substantially prevail at the hearing, costs shall be assessed against him or her and may be collected by a civil action or other proper remedy.
(c) Upon request of a hearing to be conducted in accordance with this section, the board shall set a time and place within thirty days thereafter. Any scheduled hearing may be continued by the board upon its own motion or for good cause shown by the applicant or licensee.
(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing and the administrative procedures in connection with and following the hearing, with like effect as if the provisions of said article were set forth in this subsection.
(e) Any hearing shall be conducted by a quorum of the board or by a hearing examiner designated by the board. For the purpose of conducting any hearing any member of the board or its designee shall have the power and authority to issue subpoenas and subpoenas duces tecum which shall be issued and served within the time and for the fees and shall be enforced, as specified in section one, article five of chapter twenty-nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
(f) At any hearing the applicant or licensee may represent himself or herself or be represented by an attorney at law admitted to practice before any circuit court of this state. Upon request by the board, it shall be represented at any hearing by the attorney general or his or her assistants.
(g) After any hearing and consideration of all of the testimony, evidence and record in the case, the board shall render its decision in writing. The written decision of the board shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of the decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the applicant or licensee and his or her attorney of record, if any.
(h) The decision of the board shall be final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section twelve of this article.