Section 310.40  Institution of a Contested Case by Petitioner

a)         A contested case is instituted by a petitioner when a Petition for Hearing is mailed to the Comptroller, Attention:  Director of Special Audits.

b)         In a case where a petitioner is seeking restoration of a license which was revoked or suspended, the Petition for Hearing shall be in writing, signed by the petitioner, and shall set forth:

1)         The number of the certificate which was suspended or revoked;

2)         The docket number of the case;

3)         The date on which the suspension or revocation was ordered;

4)         Whether an order has been entered appointing a Receiver and, if so, whether that order has been appealed;

5)         Whether the order which suspended or revoked the license was appealed, or if so, whether a stay of the imposition of the Comptroller's order was granted by any reviewing court;

6)         All dates and types of employment held since the date of the Comptroller's order;

7)         Any arrests or convictions since the date of the Comptroller's order; and

8)         Date and disposition of any other petitions for restoration filed since the date of the Comptroller's order.

c)         In a case where a petitioner seeks to contest a decision by the Comptroller to deny his application for licensure, the Petition for Hearing will be in writing, signed by the petitioner, and will state with specificity the particular reasons why the applicant believes that the action by the Comptroller to deny licensure was incorrect.

d)         Upon receipt by the Comptroller of a properly completed Petition for Hearing eg., completed in accordance with this Section or Sections 310.30, 310.60 and 310.80, a case will be docketed, and notice sent to the petitioner setting forth the date, time, and place of hearing.