28-4365. Action on application; denial; immunity from costs

A. Within twenty days after completion of the criminal records check, the director shall approve or deny the application for the issuance of a license. If the application is denied, the director shall advise the applicant in writing of the denial and the grounds for the denial.

B. The director may deny an application for a license if:

1. An individual included in the application made a misrepresentation, omission or misstatement in the application to conceal a matter that may cause the application to be denied.

2. An individual included in the application has been convicted of fraud or an auto related felony in a state, territory or possession of the United States or a foreign country within the ten years immediately preceding the date the criminal records check is complete.

3. An individual included in the application has been convicted of a felony, other than a felony described in paragraph 2 of this subsection, in a state, territory or possession of the United States or a foreign country within the five years immediately preceding the date the criminal records check is complete.

4. An individual in the application does not meet the requirements of law or the requirements of a rule adopted by the director pursuant to law.

5. Within five years preceding the application, an individual included in the application has had a similar license suspended, revoked or cancelled in this or any other state.

C. The individual whose information is found to be a misrepresentation, omission or misstatement is not eligible to reapply for a license for twelve months from the date of denial.

D. The department or its employees are not liable for any costs incurred by an applicant seeking licensure under this chapter.