The board shall suspend or revoke a license, permit, or
registration upon the receipt of a certificate of noncompliance from the
centralized collection unit according to the procedures set forth in the Act.
This rule shall apply in addition to the procedures set forth in the
Act.
(1)
Service of revocation
or suspension notice. A revocation or suspension notice shall be
served upon the licensee, permit holder, or registrant by certified mail,
return receipt requested; by personal service; or through authorized
counsel.
(2)
Effective date
of revocation or suspension. The effective date of the suspension or
revocation of a license, permit, or registration, as specified in the
revocation or suspension notice, shall be 60 days following service of the
notice upon the licensee, permit holder, or registrant.
(3)
Preparation and service of
revocation or suspension notice. The executive director of the board
is authorized to prepare and serve the revocation or suspension notice upon the
licensee, permit holder, or registrant and is directed to notify the licensee,
permit holder, or registrant that the license, permit, or registration will be
suspended, unless the license, permit, or registration is already suspended on
other grounds. In the event that the license, permit, or registration is on
suspension, the executive director shall notify the licensee, permit holder, or
registrant of the board's intention to revoke the license, permit, or
registration.
(4)
Responsibility to inform board. The licensee, permit holder,
or registrant shall keep the board informed of all court actions and all
centralized collection unit actions taken under or in connection with the Act.
Licensees, permit holders, or registrants shall also provide the board copies,
within seven days of filing or issuance, of all applications filed with the
district court pursuant to the Act, all court orders entered in such actions,
and any withdrawal certificates issued by the centralized collection
unit.
(5)
Reinstatement
following suspension or revocation. A licensee, permit holder, or
registrant shall pay all board fees required for renewal or reinstatement
before a license, permit, or registration will be reinstated after the board
has suspended or revoked a license, permit, or registration pursuant to the
Act.
(6)
Effect of filing
in district court. In the event a licensee, permit holder, or
registrant files a timely district court action pursuant to the Act, and
following service of a revocation or suspension notice, the board shall
continue with the intended action described in the revocation or suspension
notice upon the receipt of a court order lifting the stay, dismissing the
action, or otherwise directing the board to proceed. For purposes of
determining the effective date of the suspension or revocation, the board shall
count the number of days before the action was filed and the number of days
after the action was disposed of by the court.
(7)
Final notification. The
board shall notify the licensee, permit holder, or registrant in writing
through regular first-class mail, or by such other means as the board
determines appropriate in the circumstances, within ten days of the effective
date of the suspension or revocation, and shall similarly notify the licensee,
permit holder, or registrant if the license, permit, or registration is
reinstated following the board's receipt of a withdrawal certificate.