Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
148 - OFFICE OF CHILD AND FAMILY SERVICES
Chapter 19 - RULES PROVIDING FOR LICENSING OF CHILD PLACING AGENCIES WITH AND WITHOUT ADOPTION PROGRAMS, INCLUDING ADDENDUM, HOME CERTIFICATION PROCESS
Section 148-19-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES
Current through 2024-13, March 27, 2024
A. When an applicant fails to comply with applicable laws and rules, the Department may refuse to issue or renew the license. The notice of a refusal to issue or renew the license, and a statement indicating the reasons for refusal, shall be in writing and mailed to the applicant.
B. If, at the expiration of a full or provisional license or during the term of a full license the facility fails to comply with applicable laws and rules and, in the judgment of the Commissioner, the best interest of the public would be served, the Department may issue a conditional license , or change a full license to a conditional license. Failure by the conditional licensee to meet the conditions specified by the Department shall permit the Department to void the conditional license or refuse to issue a full license. The conditional license shall be void when the Department has delivered in hand or by certified mail a written notice to the licensee, or if the licensee cannot be reached for service in hand or by certified mail, has left written notice at the agency or facility.
C. Whenever, upon investigation, conditions are found which, in the opinion of the Department immediately endanger the health or safety of persons living in or attending a facility, or served by the facility, the Department may request the Administrative Court for an emergency suspension pursuant to Title 4 M.R.S.A. Section1153.
D. Any license, issued under this subtitle may be suspended or revoked for violation of applicable laws and rules, committing, permitting, aiding or abetting any illegal practices in the operation of the facility, or conduct or practices detrimental to the welfare of persons living in, attending or served by the facility.
When the Department believes that a license should be suspended or revoked; it shall file a complaint with the Administrative Court as provided in the Maine Administrative Procedures Act, Title 5, chapter 375.
