10.41.04.09

.09 Restoration of a License.

A. Reinstatement.

(1) A licensee shall petition the Board for termination of a suspension of a license or a reinstatement after revocation or surrender of a license.

(2) A licensee that petitions the Board for reinstatement under the terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board, shall apply for reinstatement only under those terms and conditions.

(3) A licensee whose license has been revoked or surrendered for 5 or more years before filing a petition for reinstatement is ineligible for reinstatement but may apply for initial licensure.

(4) In addition to complying with any conditions for reinstatement ordered by the Board, an applicant for reinstatement shall:

(a) File an application for reinstatement with the Board; and

(b) Meet the requirements for reinstatement.

B. Notice of Intent to Deny Reinstatement and Notice of an Opportunity for a Hearing.

(1) If the Board issues a notice of intent to deny reinstatement, that notice shall be served as provided for in Regulation .05C(1) and (3) of this chapter.

(2) A notice of intent to deny reinstatement shall:

(a) Inform the applicant of the legal basis for the Board's belief that the applicant is not qualified for reinstatement, including any applicable statutory provision;

(b) Allege any facts the Board believes support the Board's reasons for denying reinstatement; and

(c) Notify the respondent of:

(i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and

(ii) The consequences of failing to appear for scheduled proceedings or to request a hearing.

(3) If the applicant requests a hearing on the notice of intent to deny reinstatement, the Board shall, before the hearing, provide the applicant with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.

(4) A hearing on the notice of denial of reinstatement shall be held before the Board or delegated to an administrative law judge and conducted under the contested case provisions of the Administrative Procedure Act.

C. If the Board grants reinstatement of a license, the Board may impose any restrictions or conditions on the license or the licensee's practice that it considers appropriate.