HAR §16-97-29. Denial of application

(a) In the event the board denies an application for the issuance of a license or for the reinstatement of a license, the board shall notify the applicant by letter of the board's action which shall include a concise statement of the reasons for denial or refusal to reinstate and a statement informing the applicant of the applicant's right to a hearing if the applicant so desires. (b) Inaccurate or false information submitted by an applicant shall be sufficient grounds for denial of a license. 97-17 §16-97-29 (c) Conviction in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession; provided that the conviction has not been annulled or expunged by court order, shall be sufficient grounds for denial of a license. An applicant, however, may, be permitted to present evidence to the board as to why such conviction should not be the basis for denial of a license such as the age of the conviction, exceptional circumstances surrounding the crime, or the completion of a course of rehabilitation which substantially diminishes the likelihood of further criminal behavior. (d) No license shall be granted to applicants who have engaged in or who are engaging in any illegal or unlawful conduct which reflects unfavorably on the fitness of the applicant to engage in the profession. (e) The board may deny issuance of a license if, after investigation, the applicant's background, character, competency, and integrity is found to be detrimental to the profession or to the best interest of the public. (f) The board may deny issuance of a license if the applicant is found to have undergone psychiatric or psychological treatment or if any treatment has been recommended for any psychiatric or psychological disorder which may be detrimental to the profession. An applicant may, however, be permitted to present to the board a statement signed by the attending physician, psychologist, or psychiatrist attesting to the applicant's mental and emotional fitness to engage in the profession. (g) The board may deny issuance of a license when the applicant is known to have committed any of the acts for which a license may be suspended or revoked under section 16-97-46. [Eff 3/9/64; am and ren §16-97-29, 7/30/81; am and comp 2/18/86; am and comp 8/25/88; comp 10/23/00; am and comp 3/14/11] (Auth: HRS §463-3) (Imp: HRS §§463-3, 463-6, 463-8)