Current through Register Vol. 51, No. 19, September 20, 2024
A. The
Secretary may immediately suspend a license on finding that the public health,
safety, or welfare imperatively requires emergency action
B. The Department shall deliver a written
notice to the licensee:
(1) Informing the
licensee of the emergency suspension;
(2) Giving the reasons for the action, and
the regulation or regulations with which the licensee has failed to comply that
forms the basis for the emergency suspension; and
(3) Notifying the licensee of its right to
request a hearing and to be represented by counsel.
C. The filing of a hearing request does not
stay the emergency action.
D. When
a license is suspended by emergency action:
(1) The agency shall immediately return the
license to the Department;
(2) The
agency shall immediately stop providing services; and
(3) The agency shall notify competent clients
and client representatives about the suspension and make every reasonable
effort to assist them in making other arrangements for services.
E. A person aggrieved by the
action of the Secretary under this regulation may appeal the Secretary's action
by filing a request for a hearing in accordance with Regulation .28 of this
chapter.
F. Show Cause Hearing.
(1) In addition to the right to request an
evidentiary hearing in accordance with Regulation .28 of this chapter, a person
aggrieved by the action of the Secretary under this regulation shall be
provided with the opportunity for a hearing to show cause why the Department
should lift the summary suspension before the evidentiary hearing.
(2) The show cause hearing shall be held
promptly.
(3) The show cause
hearing shall be a nonevidentiary hearing to provide the parties with an
opportunity for oral argument on the summary suspension.
(4) The show cause hearing shall be conducted
before the Secretary, or a designee of the Secretary, who:
(a) Shall determine procedural
issues;
(b) May impose reasonable
time limits on each party's oral argument; and
(c) Shall make rulings reasonably necessary
to facilitate the effective and efficient operation of the show cause
hearing.
(5) At the
conclusion of the show cause hearing, the Secretary or the Secretary's designee
may:
(a) Affirm the order of summary
suspension;
(b) Rescind the order
of summary suspension;
(c) Enter
into a consent order; or
(d) Enter
into an interim order warranted by the circumstances of the case, including one
providing for a stay of the summary suspension subject to certain
conditions.
(6) After
the show cause hearing, if the Secretary or the Secretary's designee decides to
continue the summary suspension, the person aggrieved by the decision may
request an evidentiary hearing before the Office of Administrative Hearings in
accordance with Regulation .28 of this chapter.
G. If the Secretary's final decision does not
uphold the emergency suspension, the agency may resume operation.
