(1) The board is empowered to determine summarily whether an applicant for a license to practice as a psychiatric technician possesses the qualifications required by this article 295 or whether there is probable cause to believe that an applicant has done any of the acts set forth in section 12-295-111 as grounds for discipline. As used in this section, "applicant" does not include a renewal applicant.
If the board determines that an applicant does not possess the qualifications requiredby this article 295 or that probable cause exists to believe that an applicant has done any of the acts set forth in section 12-295-111, the board may withhold or deny the applicant a license. In such instance, the provisions of section 24-4-104 (9) shall apply, and the board shall provide the applicant with a statement in writing setting forth the basis of the board's determination that the applicant does not possess the qualifications required by this article 295 or the factual basis for probable cause that the applicant has done any of the acts set forth in section 12-295-111.
If the applicant requests a hearing pursuant to the provisions of section 24-4-104 (9) and fails to appear without good cause at the hearing, the board may affirm its prior action of withholding or denial without conducting a hearing.
Following a hearing, the board shall affirm, modify, or reverse its prior action inaccordance with its findings at the hearing.
No action shall lie against the board for withholding or denying a license without ahearing in accordance with the provisions of this section if the board acted reasonably and in good faith.
At the hearing, the applicant shall have the burden of proof to show that he or shepossesses the qualifications required for licensure under this article 295. The board shall have the burden of proof to show commission of acts set forth in section 12-295-111.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1575, § 1, effective October 1.
Editor's note: This section is similar to former § 12-42-114 as it existed prior to 2019. 12-295-113. Disciplinary proceedings. Disciplinary proceedings under this article 295 shall be conducted pursuant to section 12-255-119.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1576, § 1, effective October 1.
Editor's note: This section is similar to former § 12-42-115.3 as it existed prior to 2019.