R728-403-8. Denial of Certification

  (1) An applicant shall be denied certification for failing to satisfy any of the requirements under administrative rule R728-403.

  (2) An applicant who is the subject of an ongoing investigation by the division, or who is under court supervision for a state or federal criminal offense, may not be certified until the investigation has been completed and/or the court supervision has been terminated.

  (3) If the division denies an applicant certification, the division shall issue a letter of denial by mail.

  (a) The letter of denial shall state the reasons for denial and indicate that the applicant may appeal the decision to the director by filing a written request for review within 30 days from the date of the division's decision as provided by Section 63G-4-301.

  (b) Within a reasonable time after receiving the appeal, the director shall review the matter and determine whether the applicant may be certified.

  (c) If upon further review the director denies the applicant's appeal, the director shall notify the applicant by letter and indicate that the applicant has the right to appeal the director's decision by filing a petition for judicial review within 30 days as provided in Section 63G-4-402.

  (4) An applicant who has been denied certification shall meet all of the requirements in this rule before being certified.

  (5) All adjudicative proceedings under this rule shall be informal according to the provisions in Sections 63G-4-202 through 63G-4-203.