| (a) An applicant may request a review of a decision
of the department to refuse issuance of a license or permit.
(1) An applicant seeking review of a decision of the
department with respect to the issuance or renewal of a license or
permit must submit a written request for the review within 10 working
days of being notified by the department that the application has
been denied.
(2) Within 10 working days of receiving a request for
review under this section, the department shall establish a date and
time for the review.
(3) The department shall conduct the review within
30 working days of receipt of the request required by paragraph (1)
of this subsection, unless another date is established in writing
by mutual agreement between the department and the requestor.
(4) The request for review shall be presented to a
review panel. The review panel shall consist of three department managers
with expertise in the area or subject matter germane to the permit
or license, appointed or approved by the executive director, or designee.
The department employee that made the decision to refuse to issue
or renew the license or permit shall not be a member of the review
panel.
(5) The decision of the review panel is final.
(b) In conducting a review of a decision by the department
to refuse to issue or renew a license or permit, the department shall
consider:
(1) any applicable factors listed under §56.2(d)
of this title (relating to Refusal to Issue or Renew Permit or License);
(2) the applicant's efforts toward rehabilitation;
(3) the likelihood that the applicant would repeat
the conduct upon which the refusal is based;
(4) whether the conduct on which the refusal is based
involved a threat to public safety; and
(5) other mitigating factors.
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