Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 118 - REGULATIONS GOVERNING THE LICENSING AND FUNCTIONING OF INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION
Chapter 3 - LICENSURE
Section 144-118-3.N - Refusal to Issue a License
Current through 2024-38, September 18, 2024
09/01/07 The Department may refuse to issue a license to the applicant covering the premises identified in the application, if it finds the representation made in the application to be materially incorrect or insufficient, or if it finds that the applicant, the premises, or the designated administrator of the facility do not meet all requirements of the law and regulations. Any person who is aggrieved by the decision of the Department in denying a license or its renewal may file an appeal pursuant to Title 5 M.R.S.A., Section10001, et seq.
09/01/07 3.N.1. Loss of License
a. Temporary or Conditional License
The Department may issue a temporary or conditional license to afford the facility the opportunity to correct the condition forming the basis for revocation of, or refusal to renew a license. The decision to issue a temporary or conditional license will be based upon the interests of the clients residing in the facility and the interest of the general public.
09/01/07 b. Suspension, Emergency Suspension or Revocation of License
09/01/07 The Department may amend, modify or refuse to renew a license hereunder in conformity with the Maine Administrative Procedure Act, Title 5, M.R.S.A., chapter 375, or file a complaint with the District Court requesting suspension or revocation of any license on any of the following grounds: Violation of this chapter or the rules and regulations issued pursuant thereto; permitting, aiding or abetting the commission of any illegal act in that institution; conduct of practices detrimental to the welfare of the patient; provided that whenever, on inspection by the Department, conditions are found to exist that violate Title 22 M.R.S.A., Chapter 405, or departmental regulations issued thereunder that, in the opinion of the Commissioner, or designee, immediately endanger the health or safety of patients, or both the health and safety, in any of the institutions or to such an extent as to create an emergency, the Department, by it duly authorized agents may, under the emergency provisions of Title 4, M.R.S.A., section 184, subsection 6, request that the District Court suspend or revoke the license. Upon suspension or revocation of a license, the license shall be immediately surrendered to the Department.
