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Chapter 550-7 CAUSES FOR DISCIPLINARY ACTION

Rule 550-7-.01 Causes for Disciplinary Action

(1) The Professional Licensing Boards Division of the Secretary of State shall have the authority to refuse to grant a registration and to revoke or discipline a registrant, upon a finding an applicant or registrant has:
(a) Failed to demonstrate the qualifications or standards for a registration contained in the laws, rules, or regulations under which registration is sought or held; it shall be incumbent upon the applicant to demonstrate that the applicant meets all the requirements for the issuance of a registration.
(b) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed or registered under Title 43 or on any document connected therewith; practiced fraud or deceit or intentionally made any false statement in obtaining a license or registration to practice the licensed or registered business or profession; or made a false statement or deceptive registration;
(c) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this Rule, "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this Rule, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
(d) Been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, when:
1. A sentence for such offense was imposed pursuant to Article 3 of Chapter 8 of Title 42 or another state's first offender laws;
2. A sentence for such offense was imposed pursuant to subsection (a) or (c) of Code Section 16-13-2;
3. A sentence for such offense was imposed as a result of a plea of nolo contendere; or
4. An adjudication of guilt or sentence was otherwise withheld or not entered on the charge.
(2) Had a license or registration to practice a business or profession licensed or registered under Title 43 revoked, suspended, annulled, or disciplined by any lawful licensing authority; was denied a license or registration by any lawful licensing authority pursuant to disciplinary proceedings; or was refused the renewal of a license or registration by any lawful licensing authority pursuant to disciplinary proceedings;
(3) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public that materially affects the fitness of the licensee, registrant, or applicant to practice a business or profession licensed or registered under Title 43 or is of a nature likely to jeopardize the interest of the public; such conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the licensed or registered business or profession but shows that the licensee, registrant, or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness. Such conduct or practice shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of the business or profession licensed or registered under this Title 43;
(4) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed or unregistered person or any licensee or registrant whose license or registration has been suspended or revoked by a lawful licensing authority to practice a business or profession licensed or registered under this Title or to practice outside the scope of any disciplinary limitation placed upon the licensee or registrant by the board or Department;
(5) Violated a statute, law, or any rule or regulation of this state, any other state, a lawful licensing authority regulating the business or profession licensed or registered under this Title 43, the United States, or any other lawful authority without regard to whether the violation is criminally punishable when such statute, law, or rule or regulation relates to or in part regulates the practice of a business or profession licensed or registered under this Title 43 and when the licensee, registrant, or applicant knows or should know that such action violates such statute, law, or rule; or violated a lawful order of the board or Department previously entered by the board or Department in a disciplinary hearing, consent decree, or license or registration reinstatement;
(6) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state; any such adjudication shall automatically suspend the license or registration of any such person and shall prevent the reissuance or renewal of any license or registration so suspended for so long as the adjudication of incompetence is in effect;
(7) Displayed an inability to practice a business or profession registered under Title 43 with reasonable skill and safety to the public or has become unable to practice the licensed or registered business or profession with reasonable skill and safety to the public by reason of illness or the use of alcohol, drugs, narcotics, chemicals, or any other type of material; or
(8) Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant, registrant, or licensee to supply a notice of release to the board or Department from the child support agency within the Department of Human Services indicating that the applicant, registrant, or licensee has come into compliance with an order for child support so that a license or registration may be issued or granted if all other conditions for licensure are met.
(e) An order is not a proceeding or enforcement action pursuant to Chapter 13 of Title 50.