20-26-1116. Hearing -- order suspending license. (1) To show cause why suspension of a license under 20-26-1115 is inappropriate, the debtor may, within 30 days of the date of service of the notice, request a hearing from the agency.
     (2) The agency, upon receipt of a request for hearing from a debtor, shall schedule a hearing to determine whether suspension of the debtor's license is appropriate. The debtor's license may not be suspended until a determination is reached following the hearing.
     (3) The only issues that may be determined in a hearing under this section are:
     (a) the amount of the debt, if any;
     (b) whether the debtor is delinquent; and
     (c) whether the debtor has entered into a payment plan.
     (4) If a debtor fails to respond to a notice of intent to suspend a license, fails to timely request a hearing, or fails to appear at a regularly scheduled hearing, the debtor's defenses, objections, or request for a payment plan may be determined to be without merit and the agency shall enter a final decision and order accordingly.
     (5) If the agency determines that the debtor is delinquent or has not entered into a payment plan, the agency shall issue an order requesting suspension of the debtor's license and order the debtor to refrain from engaging in the licensed activity. The agency shall send a copy of the order requesting suspension of a license to the licensing authority and the debtor.
     (6) The debtor may appeal any finding of the agency to the commissioner of higher education and to the board, and any appeal is governed by the appeals procedures of the board. An action to suspend the license must be stayed during the time of appeal.
     (7) A determination made by the agency under this section is independent of any proceeding of the licensing authority to suspend, revoke, deny, terminate, or renew a license.

     History: En. Sec. 2, Ch. 446, L. 1997.