Section 633.270 - Review of and action on application; burden of proof1. The Executive Director or his or her designee:(a) Shall review the application and accompanying materials submitted by an applicant to determine if there may be grounds for rejecting the application or grounds for denying the issuance of a license to the applicant; and(b) May request the applicant to submit such additional evidence of the mental, physical, medical or other qualifications of the applicant as the Executive Director or the designee believes the Board may require.2. Upon the completion of the review of an application by the Executive Director or the designee, the Executive Director shall:(a) Schedule a hearing on the application at a meeting of the Board.(b) Send written notice of the hearing to the applicant at least 21 days before the meeting. The notice must conform to subsection 2 of NRS 233B.121, be given by certified mail, postage prepaid, and be addressed to the last address furnished by the applicant. If the Executive Director has reason to believe that there are grounds for denying the issuance of a license to the applicant, the notice must include a short and plain statement that specifies each such ground.(c) Provide a copy of the notice to each member of the Board.3. The Board will deny the issuance of a license only after: (a) Notice to the applicant specifying the precise grounds upon which the denial is proposed; and(b) A hearing before the Board at which the applicant is given an opportunity to respond to each ground specified in the notice.4. An applicant bears the burden of proving to the Board that issuing a license to him or her is in the best interest of the public health and safety and the general welfare of the people of this State.5. As used in this section, "grounds for denying the issuance of a license" includes, without limitation:(a) Any grounds authorized by a specific statute;(b) Failure to fulfill any applicable statutory requirement;(c) Submitting an application or accompanying material which is incomplete, incorrect or inconsistent, or which has been obtained by fraud, misrepresentation or mistake; and(d) Engaging in any conduct that would, if committed by an osteopathic physician, be grounds for initiating disciplinary action pursuant to NRS 633.511.Nev. Admin. Code § 633.270
Bd. of Osteopathic Med., Art. VIII § 1, eff. 9-15-80-NAC A by R057-02, 10-24-2002; R192-07, 12-17-2008