(1) If the board determines that an applicant for an initial certificate to practice as a nurse aide does not possess the qualifications specified in section 12-255-203 or 12-255-204, that section 12-255-209 (1)(l) is applicable, or that there is reasonable cause to believe that the applicant has committed any of the acts set forth in section 12-255-209 as grounds for discipline, the board may deny the applicant a certificate. When the board denies a certificate, it shall comply with the following procedures: (a) The provisions of section 24-4-104 shall apply, and the board shall provide the applicant with a written statement that sets forth the basis for the board's determination. (b) If the applicant requests a hearing pursuant to section 24-4-104 (9), the following applies: (I) An applicant whose certification has been denied on the basis of a lack of qualifications has the burden of proof to show that the applicant possesses the qualifications required under this part 2. (II) For an applicant whose certification has been denied on the basis of reasonable cause to believe that grounds for discipline exist, the board has the burden of proof to show the commission of acts constituting grounds for discipline under this part 2. (c) If a hearing is conducted, the board shall affirm, modify, or reverse its prior determination and action in accordance with the findings resulting from the hearing. (d) If an applicant who has requested a hearing pursuant to section 24-4-104 (9) fails to appear at the hearing, absent a determination by the board that there was good cause for the failure to appear, the board may affirm its prior action of withholding certification without conducting a hearing on the matter. (e) If the board withholds certification without a hearing in accordance with this section, the board is immune from suit concerning the withholding unless it has acted unreasonably or has failed to act in good faith.
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