1. The Division may refuse to issue or renew
a certificate for a program, revoke or suspend a certificate, or place a
program on probation with specified conditions for a specified period or issue
a written warning if:
(a) The person or
governmental entity that operates the program has failed to comply with any
provision of sections 2 to 40, inclusive;
(b) The person or governmental entity that
operates the program obtained a certificate or any other license by fraudulent
misrepresentation;
(c) A program
facilitator or other staff member of the program commits gross malpractice
related to the program;
(d) A
program facilitator or other staff member of the program, while at a facility
of the program or while performing any work for the program, has been
intoxicated or used or possessed a controlled substance without a
prescription;
(e) A program
facilitator or other staff member of the program has engaged in violent
behavior or been convicted of a crime which demonstrates unfitness to be a
program facilitator or other staff member of the program;
(f) The person or governmental entity that
operates the program or a program facilitator or other staff member of the
program has engaged in any unethical practice in the treatment of persons who
solicit prostitution;
(g) The
person or governmental entity that operates the program fails to notify the
Division of a change in the program as required by section 12;
(h) The person or governmental entity that
operates the program or a program facilitator or other staff member of the
program fails to comply with a stipulation, agreement, order, advisory opinion
or declaratory order issued by the Division;
(i) The program provides treatment to an
offender after its certificate has expired; or
(j) The person or governmental entity that
operates the program or a program facilitator or other staff member of the
program has engaged in any other unjust practice, method or treatment which the
Division determines warrants such an action.
2. For the purposes of this section, a plea
or verdict of guilty or guilty but mentally ill or a plea of nolo contendere
shall be deemed a conviction of an offense. The Division may take disciplinary
action pending the appeal of a conviction.
3. The Division may assess against and
collect from a program against whom disciplinary action is imposed any costs
incurred by the Division relating to the imposition of the disciplinary action,
including, without limitation, the cost for investigators and stenographers,
attorney's fees and the cost of a hearing conducted pursuant to section
34.
Added
to NAC by Bd. of Health by
R037-22A,
eff. 12/29/2022
