Any applicant whose licensure application has been denied has the right to request an adjudicatory hearing on the procedures and factual findings underlying the Board's decision. The adjudicatory hearing is in the nature of an appeal from the Board's initial decision. Please be aware that an applicant must make a written request for an adjudicatory hearing within the required time frame or the applicant will be deemed to have waived his or her right to such a hearing. See 309 Code Mass. Regs. 3.10 . The regulations below describe how to request an adjudicatory hearing.
"An applicant determined by the Board to be ineligible for examination may request an adjudicatory hearing by filing a written Notice of Claim for Adjudicatory Proceeding. The notice shall state clearly and concisely the facts which are grounds for the proceedings and the relief sought. The notice shall be filed with the Board within 21 days from the date that the applicant receives notice of the Board's determination." 309 Code Mass. Regs. 3.09(1).
"A Notice shall be deemed to be filed with the Board as set forth herein:
- If hand-delivered during regular business hours, it shall be deemed filed on the day delivered.
- If hand-delivered during non-business hours, it shall be deemed filed on the next regular business day.
- If mailed by placing in U.S. mail, it shall be deemed filed on the date so post-marked." 309 Code Mass. Regs. 3.09(2).
Reapplication: An applicant whose licensure application has been denied may also reapply at any time. The Board's regulations do not impose a waiting period or other restrictions on an applicant's ability to submit a reapplication.
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