10-148-20 Me. Code R. § 5

Current through 2024-25, June 19, 2024
Section 148-20-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES
A. 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 or during the term of a full license the agency falls to comply with applicable laws 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 agency or agency.
C. Whenever, upon investigation, conditions or practices are found which, in the opinion of the Department, immediately endanger the health or safety of children served by the agency, the Department may request the Administrative Court for an emergency suspension pursuant to Title 4, M.R.S.A., Section 1153.
D. Any license, issued under this subtitle may be suspended or revoked for violation of applicable laws and rules, committing, permitting, aiding or abetting any illegal practices in the operation of the agency or conduct or practices detrimental to the welfare of persons served by or attending the agency.

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 Procedures Act, Title 5, chapter 375.

10-148 C.M.R. ch. 20, § 5