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. Notice of Emergency Suspension. 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. Suspension of License. When a license is
suspended by emergency action, the licensee shall:
(1) Immediately return the license to the
Department;
(2) Stop providing
services immediately; and
(3)
Notify patients or the patients' 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 consistent with Regulation
.25 this chapter.
F. Show Cause
Hearing.
(1) In addition to the right to
request a hearing consistent with Regulation .25 of this chapter, a person
aggrieved by the action of the Secretary under this regulation shall be given
the opportunity for a hearing to show cause why the Department should lift the
summary suspension.
(2) The show
cause hearing shall be a nonevidentiary hearing to provide the parties with an
opportunity for oral argument on the summary suspension.
(3) Show Cause Hearing Procedures. 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.
(4) Results of
a Show Cause Hearing. 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.
(5) 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
consistent with Regulation .25 of this chapter.
