Current through Reg. 49, No. 38; September 20, 2024
(a) In disciplinary
matters, actions by the board as Petitioner against a licensee, the board's
pleadings shall be styled "Complaint" or "Formal Complaint". Except in cases of
temporary suspension, a Complaint shall be filed only after notice of the facts
or conduct alleged to warrant the intended action has been sent to the
licensee's address of record and the licensee has an opportunity to show
compliance with the law for the retention of a license as provided in
§2001.054 of the Administrative Procedure Act (APA), and §164.004(a)
of the Act.
(b) Upon timely
receipt, as set forth in §
187.13(c)(4)(B)
of this title (relating to Informal Board Proceedings Relating to Licensure
Eligibility), from a licensure applicant, of a request for an appeal before
SOAH of the board's determination of ineligibility, the board shall file a
request to docket and a Statement of Issues with SOAH.
(1) Applicant must timely file a petition
with SOAH in order to initiate a contested case at SOAH. Such petition shall be
filed by applicant no more than 30 days after receipt of the board's Statement
of Issues filed with SOAH. Applicant shall comply with all other provisions
relating to formal proceedings as set out in this subchapter.
(2) An applicant who notifies the board of
their intent to appeal the board's determination of ineligibility to SOAH, as
required under paragraph (1) of this subsection, and subsequently fails to
timely file a petition with SOAH, shall be deemed to have withdrawn their
intent to appeal the board's ineligibility determination to SOAH.
(3) Prior to initiating a contested case at
SOAH, an applicant may request to withdraw their intent to appeal the board's
ineligibility determination to SOAH by notifying the board in writing prior to
filing a petition.
(4) If an
applicant fails to timely notify the board of their intent to appeal the
board's determination of ineligibility, as described in this subsection, such
failure to take timely action shall be deemed a withdrawal.
(5) A withdrawal of intent to appeal the
board's determination of ineligibility to SOAH or a deemed withdrawal, due to
failure to timely take appropriate action, shall be deemed acceptance by
applicant of the board's ineligibility determination.
(6) An application for licensure shall not
expire while the application is the subject of a contested case, however,
applicants shall be required to update any information that is a part of their
applications.
