32-2522. Applications; interview; withdrawal

A. Each applicant shall file a verified completed application in the form required and supplied by the board that is accompanied by the prescribed application fee.

B. The application shall be designed to require the submission of evidence, credentials and other proof necessary to satisfy the board that the applicant qualifies for licensure.

C. The application shall contain the oath of the applicant that:

1. All information contained in the application and evidence submitted with it are true and correct.

2. The credentials submitted were not procured by fraud or misrepresentation or any mistake of which the applicant is aware.

3. The applicant is the lawful holder of the credentials.

D. All applications submitted to the board and any attendant evidence, credentials or other proof submitted with an application are the property of the board and part of the permanent record of the board and shall not be returned to an applicant.

E. After the board has received a completed application the board either shall grant or deny a license to the applicant. If an applicant has submitted an incomplete application, the board shall promptly notify an applicant, in writing, of the deficiencies, if any, in the application that prevent it from being a completed application.

F. The board or its representatives may interview an applicant to determine whether the application is sufficient.

G. Applications are considered withdrawn on any of the following conditions:

1. Written request of the applicant.

2. Failure of the applicant to appear for an interview with the board unless good cause is shown.

3. Failure to submit a completed application within one year from the date of the mailing by the board of a statement to the applicant of the deficiencies in the application pursuant to subsection E of this section.

H. On request of an applicant who disagrees with the statement of deficiency, the board shall grant a hearing before the board at its next regular meeting if there is time at that meeting to hear the matter. The board shall not delay this hearing beyond one regularly scheduled meeting. At any hearing granted pursuant to this subsection, the burden of proof is on the applicant to demonstrate that the alleged deficiencies do not exist.

I. The board may deny a license to an applicant who does not meet the requirements of this article.

J. If an applicant does not meet the requirements of section 32-2521, subsection A, paragraph 3, the board may issue a license subject to any of the following probationary conditions:

1. Restrict the licensee's practice.

2. Require the licensee to continue medical or psychiatric treatment.

3. Require the licensee to participate in a specified rehabilitation program.

4. Require the licensee to abstain from alcohol and other drugs.

K. If the board offers a probationary license to an applicant pursuant to subsection J of this section, it shall notify the applicant in writing of the following:

1. The applicant's specific deficiencies.

2. The probationary period.

3. The applicant's right to reject the terms of probation.

4. If the applicant rejects the terms of probation, the applicant's right to a hearing on the board's denial of the application.