Md. Code Regs. 10.60.02.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.60.02.03 - Action on an Application

A. The Board shall notify an applicant in writing that:

(1) The applicant qualifies for a license under COMAR 10.60.01.03 or .04;

(2) The applicant qualifies for:

(a) Examination under COMAR 10.60.01.03; or

(b) A certificate of eligibility under COMAR 10.60.02.05;

(3) The applicant does not qualify to receive a license or a certificate of eligibility, or to take the examination, for one or more of the reasons set forth in §C of this regulation; or

(4) The application is incomplete, the reasons the application is incomplete, and that the application will be invalid in 1 year.

B. Payment of License Fee.

(1) Following notification of license approval, the applicant shall pay to the Board the licensing fee established in COMAR 10.60.06.

(2) The license may not be issued until the fee is paid to the Board.

C. Denial of an Application.

(1) The Board shall deny an application if the Board determines that the applicant:

(a) Has failed to demonstrate that the applicant qualifies for licensure, examination, or issuance of a certificate in accordance with §A(1) or (2) of this regulation; or

(b) Has committed any act which, under Health Occupations Article, §21-312, Annotated Code of Maryland, would subject the licensee to disciplinary action by the Board.

(2) If the Board denies an application, the Board shall:

(a) Notify the applicant by first-class mail and electronic means of the reasons for denial;

(b) Advise the applicant of the procedures for reconsideration under §D of this regulation if the application was denied under §C(1)(a) of this regulation; and

(c) Follow the procedures set forth in COMAR 10.60.04 if the application was denied under §C(1)(b) of this regulation.

D. Reconsideration.

(1) If the Board denies an application for licensure under Regulation .03C(1)(a) of this chapter, or denies an application to renew a license under Regulation .06 of this chapter, the applicant may request reconsideration of the denial by submitting new or additional information to the Board.

(2) Requests for reconsideration under §D(1) of this regulation shall be based on one or more of the following grounds:

(a) Clerical errors in the minutes, decisions, or other parts of the record related to the denial;

(b) Mistake of fact or law by the Board;

(c) Irregularity in the administrative proceedings related to, or in the consideration of, the application;

(d) Newly discovered or additional evidence that the applicant could not have discovered by due diligence in time to be considered as part of the initial denial.

(3) Requests for reconsideration shall be submitted to the Board in writing by certified mail within 30 days of receipt of the denial under §C of this regulation.

Md. Code Regs. 10.60.02.03

Regulations .03 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612)
Regulation .03 amended effective 42:22 Md. R. 1379, eff.11/9/2015; amended effective 44:5 Md. R. 294, eff. 3/13/2017