| (a) The department shall send a written notice of proposed
denial if the department proposes:
(1) to deny an initial license application; or
(2) to deny a person an opportunity to take an examination.
(b) The department shall send the notice of proposed
denial under subsection (a) by certified mail with electronic return
receipt.
(c) Any notice or document served upon a person is
prima facie evidence of receipt if it is directed to the person's
last known complete, correct address as shown by the department's
records. This presumption is rebuttable. Failure to claim properly
addressed certified or registered mail will not support a finding
of non-delivery.
(d) After receiving a notice of proposed denial, the
person must request a hearing in writing within twenty days of receipt
of the notice or forfeit the right to a hearing, unless otherwise
provided by applicable law. There is a rebuttable presumption that
notice is received three days after the notice was mailed.
(e) If a timely written request is made, the department
shall refer the proposed denial to SOAH for a hearing. If a timely
written request is not made, the proposed denial is final.
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