Notice of proposed refusal or revocation
23. (1) Where the Director proposes to refuse to grant or to refuse to renew or to suspend or revoke a licence, certificate or registration he or she shall serve notice of his or her proposal, together with written reasons therefor, on the applicant or holder of the licence, certificate or registration. R.S.O. 1990, c. E.16, s. 23 (1). Idem (2) A notice under subsection (1) shall inform the applicant or holder of the licence, certificate or registration that the applicant or holder is entitled to a hearing by a judge of the Ontario Court (General Division) if the applicant or holder applies to a judge within fifteen days after the notice under subsection (1) is served. R.S.O. 1990, c. E.16, s. 23 (2). Powers of Director where no hearing (3) Where an applicant or holder of a licence, certificate or registration does not apply to a judge for a hearing in accordance with subsection (2), the Director may refuse to grant a licence, certificate or registration, or carry out the proposal stated in the notice under subsection (1). R.S.O. 1990, c. E.16, s. 23 (3). Powers of judge where hearing (4) Upon the application of the Director at the hearing, the judge may by order require the Director to grant the licence, certificate or registration, or permit him or her to carry out his or her proposal, or direct that such action as the judge considers proper be taken by the Director in accordance with this Act and the regulations and for such purposes the judge may substitute his or her opinion for that of the Director. R.S.O. 1990, c. E.16, s. 23 (4). Service of notice (5) The Director may serve notice under subsection (1) personally or by registered mail addressed to the applicant or the holder of the licence, certificate or registration at the address of the applicant or holder last known to the Director and where notice is served by registered mail the notice shall be deemed to have been served on the third day after the day of mailing unless the person to whom notice is being given establishes to the judge to whom the person applies for a hearing that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date. R.S.O. 1990, c. E.16, s. 23 (5). Extension of time for application (6) A judge to whom application is made by an applicant or the holder of a licence, certificate or registration for a hearing under this section may extend the time for making the application, either before or after expiration of the time fixed therein, where he or she is satisfied that there are apparent grounds for granting relief to the applicant or the holder of a licence, certificate or registration pursuant to a hearing and that there are reasonable grounds for applying for the extension, and may give such directions as he or she considers proper consequent upon the extension. R.S.O. 1990, c. E.16, s. 23 (6). Continuation pending renewal (7) Where, within the time prescribed therefor or, if no time is prescribed, prior to the expiry of the licence, certificate or registration a holder of a licence, certificate or registration has applied for renewal of the licence, certificate or registration and paid the prescribed fee, the licence, certificate or registration shall be deemed to continue, (a) until the renewal is granted; or (b) where the holder is served with notice that the Director proposes to refuse to grant the renewal, until the time for applying for a hearing by a judge has expired and, where a hearing is applied for, until the judge has made his or her decision. R.S.O. 1990, c. E.16, s. 23 (7).