Current through Register Vol. 48, No. 12, March 22, 2024
a)
Adverse licensure actions include the denial of an initial license application,
denial of an application for license renewal, revocation of a license, and
suspension of a license.
b) Adverse
licensure action shall be considered by the Department under the following
conditions:
1) If the applicant or licensee
has been convicted of a felony or two or more misdemeanors involving moral
turpitude, as shown by a certified copy of the court's conviction, and
A) The Department determines after
investigation that the person has not been sufficiently rehabilitated to
warrant the public trust; or
B)
Upon other satisfactory evidence that the moral character of the applicant or
licensee is not reportable.
2) If the licensee submits false information
on Department licensure forms.
3)
If the licensee submits false information during an inspection.
4) If the licensee refuses to allow an
inspection to occur.
5) If the
licensee violates the Act or this Part.
6) If the licensee violates the rights of its
clients.
7) If the licensee fails
to submit or implement a plan of correction within the specified time period.
(Section 50 of the Act)
8) If the
Department finds licensee conduct or practice to be detrimental to the health,
safety, or welfare of a client.
c) In determining whether to take adverse
licensure action, the Department shall consider the following factors:
1) The gravity of the violation, including
the probability that death or serious physical or mental harm to a client will
result or has resulted and the severity of the actual or potential
harm.
2) The extent to which the
provisions of the Act or this Part were violated.
3) The reasonable diligence exercised by the
licensee and any efforts by the licensee to correct the violations.
4) Any previous violations committed by the
licensee.
5) The financial benefit
to the licensee of committing or continuing the violation.
d) The Director will order an emergency
suspension of a license when the Director finds that continued operation of the
facility poses an immediate and serious danger to the public health, safety, or
welfare. The suspension shall take effect upon the issuance of an order of
emergency suspension by the Director and shall remain in effect during any
administrative proceeding contesting the action. Promptly following any
emergency suspension of a license, the Department shall take action to revoke
the license.
e) Notice of Adverse
Licensure Action
1) The Department shall
notify the applicant or licensee in writing prior to denying an application,
refusing to renew a license, or revoking a license.
2) The notice shall be served on the
applicant or licensee either by personal service or by registered mail. The
notice shall contain the following information:
A) A description of the particular reasons
for the proposed action, including citations of the specific provisions of the
Act and this Part under which the proposed action is being taken.
B) The date, not less than 15 days from the
date of the mailing or service of the notice, on which the action will take
effect, unless appealed by the applicant or licensee.
C) A description of the manner in which the
applicant or licensee may appeal the proposed action and the right of the
applicant or licensee to a hearing under Section 10 of the Act and Section
385.2600 of this
Part.