4501:5-2-03 Request to reinstate license application.

(A) An applicant for a state issued license or renewal whose application has been denied under section 2909.32 of the Revised Code due to a positive response or the failure to answer “no” to any question on the declaration regarding material assistance/nonassistance to a terrorist organization may request the department of public safety to reinstate the application.

(B) The applicant’s request shall be in writing and shall be sent to the department of public safety.

(C) Upon receipt, the department shall review the request and shall make a determination regarding the request to reinstate the application within thirty days.

(D) The department shall reinstate the license application if there is a determination that all of the following apply:

(1) That the provision of material assistance to an organization on the terrorist exclusion list was made more than ten years prior to the time of the application, or the applicant provided material assistance during the ten years prior to the application and the date of the review, but at the time of the assistance, the organization was either not on the list or was not involved in any activity or conduct that would have merited inclusion on the list had it existed at the time, or at the time of the assistance it was not reasonable to know of the organization’s activities that would have merited its inclusion on the list;

(2) That the applicant is unlikely in the future to provide material assistance to any organization on the terrorist exclusion list;

(3) That the applicant does not pose a risk to the residents of this state.

(E) Once the department makes a determination, the department shall notify the applicant and the licensing entity.

(F) If the department determines that the application will not be reinstated, the department shall provide an opportunity for hearing in accordance with Chapter 119. of the Revised Code. The hearing shall be limited to the issue of whether the applicant can satisfy the requirements of paragraph (D) of this rule.

Effective: 07/02/2006

R.C. 119.032 review dates: 07/02/2011

Promulgated Under: 119.03

Statutory Authority: R.C. 2909.32

Rule Amplifies: R.C. 2909.32