Haw. Code R. § 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.
(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.
Notes
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