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Title: Section 89.11 - Denial of licensure

Effective Date


Section 89.11 Denial of licensure.

(a) If the department determines that an applicant is ineligible for licensure pursuant to this Part, the department shall provide written notice to the applicant of the determination, the reasons therefor and information regarding his/her rights to petition.

(b) An applicant who has been denied licensure may petition the department, within 30 days of notification of the denial, for a review thereof. If the Commissioner or his or her designee decides in his/her discretion that a hearing should be held, the petitioner shall be entitled to all the rights of a respondent specified in subdivisions 2, 3, and 4 of section 3511 of the Public Health Law.

(c) Where an applicant has been denied licensure, the department may, after the expiration of two years or upon the granting to the applicant of a pardon or of a certificate of good conduct, or of a certification of relief from disability, entertain a new application for examination.

(d) Where an applicant is a defendant in a pending criminal proceeding under charges for an offense that bears a direct relationship to the practice of radiologic technology, the department may withhold the final determination of eligibility for a license pending the outcome of the proceeding.


VOLUME A-2 (Title 10)