Rule 37.98.304 - LICENSE DENIAL, SUSPENSION, RESTRICTION, REVOCATION, OR REDUCTION TO PROVISIONAL STATUS AND HEARING PROCEDURES(1) The department, after written notice to the applicant, may deny an application for licensure upon finding that the applicant has not met the minimum requirements for licensure established by this subchapter, or upon finding that the applicant has made any misrepresentation to the department, either negligently or intentionally, regarding any aspect of its operations or facility.(2) The department, after written notice to a licensed program, may suspend, restrict, revoke or reduce to a provisional status a license upon finding that the program is not in substantial compliance with the minimum requirements for licensure established by this subchapter. Suspension or revocation may be immediate if: (a) the department is denied access to the program, to any youth placed in the program by the department, or to any program records;(b) the program has made any misrepresentation to the department, either negligently or intentionally, regarding any aspect of its operations or facility;(c) the program fails to report known or suspected child abuse or neglect as required by 41-3-201, MCA;(d) the initial investigation of a report of child abuse or neglect results in reasonable cause to suspect that a youth in the program may be in danger of harm;(e) the program or any member of its staff has been named as the perpetrator in a substantiated report of abuse or neglect;(f) the program or any member of its staff has violated a provision of this subchapter that resulted in child abuse or neglect; or(g) it is determined on the basis of a department or law enforcement investigation that the program or any member of its staff may pose a risk or threat to the health or welfare of a youth placed in the program.(3) Any person denied licensure under the provisions of this subchapter, or whose license has been suspended, restricted, revoked or reduced to a provisional status, may request a hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.313, 37.5.316, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337.Mont. Admin. r. 37.98.304
NEW, 2004 MAR p. 1960, Eff. 8/6/04.Sec. 50-2-220, MCA; IMP, Sec. 50-2-220, MCA;