R 432.1301 Application explained; applicant to demonstrate eligibility, qualification, and suitability; revocability of license or certificate; applicant and licensee acceptance of certain risks; claim of privilege as to testimony or evidence; applicant and licensee duties.

Rule 301. (1) An application for a license under the act and these rules is a request by the applicant seeking a revocable privilege. A license is granted by the board if the applicant meets the licensing requirements of the act and these rules. (2) An applicant or licensee shall, at all times, have the burden of demonstrating to the board, by clear and convincing evidence, that the applicant or licensee is eligible, qualified, and suitable to be granted and retain a license. (3) A license or certificate of suitability issued by the board under the act or these rules is a revocable privilege granted by the board. A person that holds a license or certificate of suitability does not acquire, and shall not be determined to acquire, a vested property right or other right, in the license or certificate. (4) An applicant or licensee shall accept any risk of adverse publicity, public notice, notoriety, embarrassment, criticism, financial loss, or other unfavorable or harmful consequences that may occur in connection with, or as a result of, the application and licensing process or the public disclosure of information submitted to the board with a license application or at the board's request under the act and these rules. (5) An applicant or licensee may claim any privilege afforded by the constitution of the United States or laws of the United States or of this state in refusing to answer questions or provide information requested by the board. However, a claim of privilege with respect to any testimony or evidence pertaining to the eligibility, qualifications, or suitability of an applicant or licensee to be granted or hold a license under the act and these rules may constitute cause for denial, suspension, revocation or restriction of the license. (6) An applicant and licensee shall have a continuing duty to do all of the following: (a) Disclose promptly to the board any material change in the information contained in a license application, renewal report, or renewal form submitted by the applicant or licensee or a change in circumstance, that may render the applicant or licensee ineligible, unqualified, or unsuitable to hold the license under the licensing standards and requirements of the act and these rules. An applicant or licensee shall ensure that all required release of information forms submitted to the board are current. (b) Maintain the applicant's or licensee's eligibility, qualifications, and suitability to be issued and hold the license held or applied for under the act and these rules. (c) Provide any information requested by the board relating to licensing or regulation; cooperate with the board in investigations, hearings, and enforcement and disciplinary actions; and comply with all conditions, restrictions, requirements, orders, and rulings of the board in accordance with the act and these rules. (7) An applicant, licensee, or person required to be qualified as part of an application for the issuance of, or a request for renewal of, a license shall authorize and consent, in writing, that fingerprints provided to the board for purposes of identification, qualification, licensing, or license renewal may be forwarded to the state police and retained by the state police for any lawful investigative and identification purposes, including, without limitation, background investigations related to determining qualification and licensure. The state police shall retain and use fingerprints that it receives from the board for lawful investigative and identification purposes.