Section 412.100  Reinstatement of Revoked, Suspended or Relinquished License

a)         A former licensee may be reinstated by the Board when it is in the best interest of the public to do so, or when the former licensee can show that the facts warranting prior licensure action or investigation have been remedied or changed.  A former licensee may request the reinstatement of his or her revoked, suspended or relinquished license by submitting a request to the Board through OCWEL that provides specific information that supports the request.

b)         A request for reinstatement may be submitted in writing to OCWEL no earlier than 30 business days after receipt of the written notice of license suspension or revocation or relinquishment during a pending CWEL investigation or licensure action.

c)         OCWEL shall notify the OIG and provide any documentation within 10 days after receipt of a request for reinstatement of a license.  The OIG may file a written objection to the request within 30 days after receipt of the notice from OCWEL.

d)         The Board shall consider any prior recommendation of an ALJ, charges filed, and a report or sworn statement by the OIG regarding evidence developed in the investigation, when considering an application to reinstate a license or grant a license that was relinquished during a pending licensure investigation or administrative proceeding.  For the purpose of considering a request for reinstatement of a license, the Board shall review the facts developed during the investigation.  The Board may request additional information from the OIG and/or the licensee.

e)         The Board may not reinstate a license when it has been determined by investigation and administrative hearing that it is not in the best interest of the public to do so.  Considerations that will be reviewed when making a finding of "in the best interest of the public" include, but are not limited to, the nature of the offense for which the license was revoked, the period of time that has elapsed since the revocation, evidence of rehabilitation, and character references.

f)         Anytime a license that was suspended or revoked is reinstated, and the Department of Financial and Professional Regulation had been notified of the suspension or revocation, OCWEL will notify the Department of Financial and Professional Regulation.