§ 22. License applications and pending allegations or past violations

(a) Notwithstanding any law to the contrary in this title, Title 9, or Title 20, the Agency may simultaneously evaluate pending applications and ongoing compliance concerns, provided it affords proper notice and complies with section 16 of this title.

(b) Whenever a person or entity is applying for or attempting to renew a license, permit, registration, or other form of permission issued by the Agency, the Agency may consider that person or entity’s alleged or proven failure to comply with related program requirements.

(c) If the Agency is considering denying an application or renewal request for a license, permit, registration, or other form of permission issued by the Agency because of pending allegations, proven violations, or any failure to comply with a final order or assurance of discontinuance, the Agency shall provide notice and an opportunity for hearing in accordance with section 16 of this title.

(d) When a person or entity has made timely and sufficient application for the renewal of a license, permit, registration, or other form of permission issued by the Agency, or for a new license, permit, registration, or other form of permission issued by the Agency with reference to any activity of a continuing nature, the existing license, registration, permit, or other form of permission does not expire until the application has been finally determined by the Agency, and, in case the application is denied or the terms of the new license, registration, permit, or other form of permission issued by the Agency is limited, until the last day for seeking review of the Agency order or a later date fixed by order of the reviewing court.

(e) This section shall not apply when the Agency previously revoked, suspended, withdrew, or otherwise conditioned a license, permit, registration, or other form of permission issued by the Agency and that final order remains in effect.

(f) This section shall not apply when the Agency is contemplating taking action against a person or entity’s existing license, permit, registration, or other form of permission issued by the Agency because of any alleged violation. Any appropriate action against a person or entity’s existing license, permit, registration, or other permission issued by the Agency shall be taken through the enforcement process related to the pending allegations. (Added 2021, No. 174 (Adj. Sess.), § 3, eff. July 1, 2022.)