37 CFR 10.160
Petition for reinstatement.

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§10.160 Petition for reinstatement.

(a)

A petition for reinstatement of a practitioner suspended for a period of less than five years will not be considered until the period of suspension has passed.

(b)

A petition for reinstatement of a practitioner excluded from practice will not be considered until five years after the effective date of the exclusion.

(c)

An individual who has resigned under § 10.133 or who has been suspended or excluded may file a petition for reinstatement. The Director may grant a petition for reinstatement when the individual makes a clear and convincing showing that the individual will conduct himself or herself in accordance with the regulations of this part and that granting a petition for reinstatement is not contrary to the public interest. As a condition to reinstatement, the Director may require the individual to:

(1)

Meet the requirements of § 10.7, including taking and passing an examination under § 10.7(b) and

(2)

Pay all or a portion of the costs and expenses, not to exceed $ 1,500, of the disciplinary proceeding which led to suspension or exclusion.

(d)

Any suspended or excluded practitioner who has violated the provisions of § 10.158 during his or her period of suspension or exclusion shall not be entitled to reinstatement until such time as the Director is satisfied that a period of suspension equal in time to that ordered by the Commissioner or exclusion for five years has passed during which the suspended or excluded practitioner has complied with the provisions of § 10.158.

(e)

Proceedings on any petition for reinstatement shall be open to the public. Before reinstating any suspended or excluded practitioner, the Director shall publish in the Official Gazette a notice of the suspended or excluded practitioner's petition for reinstatement and shall permit the public a reasonable opportunity to comment or submit evidence with respect to the petition for reinstatement.