Division subrogated -- Authority to suspend license

(1) If the division pays a person from the fund in accordance with this part: (a) the division is subrogated to the rights of that person for the amounts paid out of the fund; and (b) any amount and interest recovered by the division shall be deposited in the fund. (2) (a) Subject to Subsection (2)(b), the license of a licensee for whom payment from the fund is made under this part is automatically suspended as of the earlier of the day on which: (i) the division is ordered by a court to pay from the fund; or (ii) the division pays from the fund. (b) (i) A person whose license is suspended under Subsection (2)(a) may appeal the suspension in a de novo hearing conducted by the commission: (A) after the suspension; and (B) in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (ii) The commission may delegate: (A) to the division or an administrative law judge the authority to conduct a hearing described in Subsection (2)(b)(i); or (B) to the division the authority to make a decision on whether relief from a suspension should be granted. (3) Unless the suspension is not upheld after a hearing described in Subsection (2)(b), a licensee whose license is suspended pursuant to Subsection (2) may not apply to renew a license nor apply for a new license until the licensee: (a) pays into the fund: (i) the amount paid out of the fund on behalf of the licensee; and (ii) interest at a rate determined by the division with the concurrence of the commission; and (b) participates in a hearing before the commission and is approved by the commission, with the concurrence of the director, for licensure or activation of the suspended license.