Section 148-17-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULESA. When an applicant falls to comply with applicable laws and rules, the Department may refuse to issue or renew the license. The notice of a refusal to issue or renew and a statement indicating the reasons for refusal shall be formulated in writing and mailed to the applicant.B. If, at the expiration of a full or provisional license, at the expiration of a temporary license or during the term of a full license the facility falls to comply with applicable law and rules and, in the judgment of the Commissioner, the best interest of the public would be served, the Department may issue a conditional license, or change a full license to a conditional license. Failure by the conditional licensee to meet the conditions specified by the Department shall permit the Department to void the conditional license or refuse to issue a full license. The conditional license shall be void when the Department has delivered in hand or by certified mail a written notice to the licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left written notice thereof at the respite home.C. Whenever, upon investigation, conditions are found which, in the opinion of the Department, immediately endanger the health or safety of persons living in or attending a facility, the Department may request the Administrative Court for- an emergency suspension pursuant to Title 4 M.R.S.A., section1153.D. A license to operate a respite home for children may be suspended or revoked for violation of applicable law and rules, committing, permitting, aiding or abetting any illegal practices in the operation of the facility or conduct or practices detrimental to the welfare of persons living in respite homes. When the Department believes that a license should be suspended or revoked, it shall file a complaint with the Administrative Court as provided in the Maine Administrative Procedure Act, Title 5, chapter 375.
10-148 C.M.R. ch. 17, § 5