Md. Code Regs. 26.07.02.03

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.07.02.03 - Action on an Application

A. Notification to Applicant. Following its review of the application, the Board shall notify the applicant in writing that the applicant:

(1) Qualifies for a license under COMAR 26.07.01.03 or .04;

(2) Qualifies for examination or a certificate of eligibility under COMAR 26.07.01.03;

(3) 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) Shall provide the Board with additional information before the Board can complete its review of the application.

B. Payment of License Fee.

(1) Following notification of license approval, the applicant shall pay to the Board the licensing fee established in Regulation .09 of this chapter.

(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 COMAR 26.07.04.01, 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 certified mail 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 26.07.04 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 upon 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. 26.07.02.03

Regulation .03D amended effective October 15, 1990 (17:20 Md. R. 2431)
Regulations .03 adopted effective January 1, 1997 (23:26 Md. R. 1861)