Md. Code Regs. 10.68.01.04

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.68.01.04 - Action on Application

A. Upon review of a completed application, the Department shall:

(1) Approve the issuance of a certificate to the applicant if the applicant meets the requirements specified in this chapter;

(2) Request additional information to make a determination; or

(3) Deny the issuance of a certificate to the applicant.

B. Approval for Certification and Issuance of Certificate.

(1) If the Department approves the issuance of a certificate to an applicant, the Department shall:

(a) Send the applicant a written notice that the applicant is qualified for a certificate; and

(b) Issue a certificate to the applicant.

(2) The Department shall include on each certificate:

(a) The full name of the certificate holder;

(b) The dates of issuance and expiration;

(c) A serial number; and

(d) The signature of the Department representative.

C. Denial of Issuance of Certificate.

(1) The Department may deny the issuance of a certificate if it determines the applicant has:

(a) Not met the age, training, or experience requirements as set forth in this chapter;

(b) Failed to remit a fee; or

(c) Failed to complete the application form.

(2) If the Department denies the issuance of a certificate, the Department shall:

(a) Send the applicant written notice of the Department's denial of the issuance of a certificate, including specification of deficiencies; and

(b) Notify the applicant of the right to appeal the denial and to request a formal hearing.

(3) An applicant who has been denied the issuance of a certificate by the Department may reapply and submit new application documentation in compliance with the requirements of this chapter.

(4) Appealing a Decision to Deny Issuance of a Certificate. An applicant may appeal the decision to deny issuance of a certificate by submitting a request in writing to the Department within 30 calendar days of the date on the notice of denial of certification.

(5) If an applicant submits an appeal, the Department, within 60 calendar days, shall:

(a) Sustain or reverse the decision on the application; and

(b) Provide written notice to the applicant:

(i) Indicating whether the decision on the application has been sustained or reversed; and

(ii) Providing an explanation of the decision.

(6) The Department may not refund a fee if the certification is denied.

D. An applicant may request a hearing within 10 calendar days after the date of written notice of the Department's denial of the issuance of a certificate. When the Department receives the request, it will follow hearing procedures in accordance with COMAR 10.01.03.

Md. Code Regs. 10.68.01.04

Regulation .04 adopted effective 46:26 Md. R. 1164, eff. 12/30/2019