(1) The board, on its own motion or upon application in accordance with section 12-20-404 (3), at any time after the refusal to grant a license, the imposition of any discipline as provided in section 12-290-113, or the ordering of probation as provided in section 12-20-404 (1)(b), may reconsider its prior action and grant, reinstate, or restore the license or terminate probation or reduce the severity of its prior disciplinary action. The taking of any further action, or the holding of a hearing with respect thereto, shall rest in the sole discretion of the board.
(2) Upon the receipt of the application, it may be forwarded to the attorney general for investigation as may be deemed necessary. A copy of the application and the report of investigation shall be forwarded to the board, which shall consider the same and report its findings and conclusions. The proceedings shall be governed by the applicable provisions governing formal hearings in disciplinary proceedings. The attorney general may present evidence bearing upon the matters in issue, and the burden shall be upon the applicant seeking reinstatement to establish the averments in the application as specified in section 24-4-105 (7). No application for reinstatement or for modification of a prior order shall be accepted unless the applicant deposits with the board all amounts unpaid under any prior order of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1561, § 1, effective October 1.
Editor's note: This section is similar to former § 12-32-108.5 as it existed prior to 2019.