Pennsylvania Code
Title 28 - HEALTH AND SAFETY
Part V - Department of Drug and Alcohol Programs
Chapter 709 - STANDARDS FOR LICENSURE OF FREESTANDING TREATMENT FACILITIES
Subchapter B - LICENSING PROCEDURES
Section 709.17 - Refusal or revocation of license

Universal Citation: 28 PA Code ยง 709.17

Current through Register Vol. 54, No. 44, November 2, 2024

(a) The Department may revoke or refuse to issue a license for any of the following reasons:

(1) Failure to comply with a directive issued by the Department.

(2) Violation of, or noncompliance with, this chapter.

(3) Failure to comply with a plan of correction approved by the Department, unless the Department approves an extension or modification of the plan of correction.

(4) Gross incompetence, negligence or misconduct in the operation of the facility.

(5) Fraud, deceit, misrepresentation or bribery in obtaining or attempting to obtain a license.

(6) Lending, borrowing or using the license of another facility.

(7) Knowingly aiding or abetting the improper granting of a license.

(8) Mistreating or abusing individuals cared for or treated by the facility.

(9) Continued noncompliance in disregard of this part.

(10) Operating a facility that, by nature of its physical condition, endangers the health and safety of the public.

(b) If the Department proposes to revoke or refuse to issue a license, it will give written notice to the facility by certified mail, stating the following:

(1) The reasons for the proposed action.

(2) The specific time period for the facility to correct deficiencies.

(c) If the facility does not correct the deficiencies within the specified time, the Department will officially notify the licensee that it shall show cause why its license should not be revoked under 1 Pa. Code §35.14 (relating to orders to show cause), and that it has a right to a hearing authorized by the Department on this question. A request to the Department for a hearing shall be filed, in writing, within 30 days of receipt of the show cause order.

(d) Subsection (c) supplements 1 Pa. Code § 35.14.

This section cited in 28 Pa. Code § 715.4 (relating to denial, revocation or suspension of approval).

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