Title 43, Chapter 5, Section 11
( 43-5-11)
(a) Any person whose application for a license is denied is entitled
to a hearing before the board if he submits a written request to the
board. (b) Proceedings for revocation or suspension of a license shall be
commenced by filing charges with the board in writing and under
oath. The charges may be made by any person or persons. (c) The division director shall fix a time and place for a hearing
and shall cause a written copy of the charges or reason for denial
of a license, together with a notice of the time and place fixed for
hearing, to be served on the applicant requesting the hearing or
licensee against whom the charges have been filed at least 20 days
prior to the date set for the hearing. Service of charges and
notice of hearing may be given by certified mail or statutory
overnight delivery to the last known address of the licensee or
applicant. (d) At the hearing, the applicant or licensee has the right to
appear either personally or by counsel, or both, to produce
witnesses, to have subpoenas issued by the board, and to
cross-examine the opposing or adverse witnesses. (e) The board is not bound by strict rules of procedure or by the
laws of evidence in the conduct of the proceedings, but the
determination shall be founded upon sufficient legal evidence to
sustain it. (f) The board shall determine the charges on their merits and enter
an order in a permanent record setting forth the findings of fact
and law and the action taken. A copy of the order of the board
shall be mailed to the applicant or licensee at his last known
address by certified mail or statutory overnight delivery. (g) On application, the board may reissue a license to a person
whose license has been canceled or revoked, but the application may
not be made prior to the expiration of a period of six months after
the order of cancellation or revocation has become final; and the
application shall be made in the manner and form as the board may
require. |