Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.03.21 - DEVELOPMENTAL DISABILITIES AGENCIES (DDA)
RULE ENFORCEMENT PROCESS AND REMEDIES
Section 16.03.21.601 - REVOCATION OF CERTIFICATE

Universal Citation: ID Admin Code 16.03.21.601

Current through September 2, 2024

01. Revocation of the Agency's Certificate. The Department may revoke a agency's certificate when persuaded by the preponderance of the evidence that the agency is not in substantial compliance with the requirements in these rules. The certificate is the property of the state and must be returned to the state if it is revoked or suspended.

02. Causes for Revocation of the Certificate. The Department may revoke any agency's certificate for any of the following causes:

a. The certificate holder has willfully misrepresented or omitted information on the application for certification or other documents pertinent to obtaining a certificate;

b. Conditions exist in the agency that endanger the health or safety of any participant;

c. Any act adversely affecting the welfare of participants is being permitted, performed, or aided and abetted by the person(s) supervising the provision of services in the agency. Such acts include neglect, physical abuse, mental abuse, emotional abuse, violation of civil rights, or exploitation;

d. The provider has demonstrated or exhibited a lack of sound judgment that jeopardizes the health, safety, or well-being of participants;

e. The agency has failed to comply with any of the conditions of a provisional certificate;

f. The agency has one (1) or more major deficiencies. A major deficiency is a deficiency that endangers the health, safety, or welfare of any participant;

g. An accumulation of minor deficiencies that, when considered as a whole, indicate the agency is not in substantial compliance with these rules;

h. Repeat deficiencies by the agency of any requirement of these rules or of the Idaho Code;

i. The agency lacks adequate personnel, as required by these rules or as directed by the Department, to properly care for the number and type of participants served at the agency;

j. The agency is not in substantial compliance with the provisions for services required in these rules or with the participants' rights under Section 505 of these rules;

k. The certificate holder refuses to allow the Department or protection and advocacy agencies full access to the agency environment, agency records, or the participants.

Effective March 17, 2022

Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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