Current through Register Vol. 48, No. 5, May 24, 2024
Section 88-175 - Denial, Suspension, or Revocation of LicenseA. The Department may deny, suspend, or revoke a license on any of the following grounds: (1) Failure to establish or maintain proper standards of care and service as prescribed in DDSN directives and individual service standards;(2) Conduct or practices detrimental to the health or safety of residents, Participants, or employees of any such settings or programs;(3) Any violations of applicable laws and regulations.B. Denial of a License: In the case of denial of an application for License, the Department shall inform the Candidate by registered mail within thirty (30) days of the formal licensing survey of the justification for refusal to issue a License. This denial notification shall contain an explanation for the denial and shall advise the Candidate of their rights to hearings and appeals.C. Suspension or Revocation of License (1) If an existing setting or program has conditions or practices which, in the Department's judgment, provide a threat to the safety and/or welfare of Participants, the Department may immediately suspend or revoke the License of the setting or program. Upon receipt of notification from the Department, the Licensee will cease operation immediately. The Licensee will be notified by mail of the suspension or revocation. The notification shall contain the reason(s) for the revocation or the conditions of suspension. Any Qualified Provider operating a program which has had its License suspended or revoked shall be liable to the penalties provided by law. The Licensee shall at the time of notification, be advised of the right to a fair hearing and the appeal process.(2) The Department shall notify the Licensee by registered mail, stating the reasons for the suspension or revocation of the License, and shall advise the Licensee of their rights to hearings and appeals.(3) For any suspension or revocation of a License except as noted by R. 88-175C (1), the License shall be considered terminated at midnight on the fifteenth calendar day following the mailing of the written notification, unless the Licensee shall give written request of their desire for an appeal hearing. If such a request is received by the Department within ten (10) calendar days from the date notification was sent to the Licensee, the Licensee may continue operation until a final decision is reached. If, at the hearing, the decision is made to suspend or revoke a License, the program will have fifteen (15) calendar days to cease operation.Added by State Register Volume 48, Issue No. 05, eff. 5/24/2024.