South Carolina Code of Regulations
Chapter 88 - DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS
Article 1 - LICENSE REQUIREMENT FOR FACILITIES AND PROGRAMS
Section 88-125 - Denial, Suspension, or Revocation of License
Universal Citation: SC Code Regs 88-125
Current through Register Vol. 48, No. 3, March 22, 2024
A. The Department may deny, suspend, or revoke a license on any of the following grounds:
(1) Failure to establish or maintain proper
standards of care and service as prescribed in these regulations;
(2) Conduct or practices detrimental to the
health or safety of residents, clients, or employees of any such facilities or
programs;
(3) Any violations of
applicable laws and regulations.
B. Denial of a License--In the case of denial of an application for license, the Department shall inform the applicant by registered mail within thirty (30) days of the formal licensing survey of the justification for refusal to issue a license. This denial notification shall contain an explanation for the denial and shall advise the applicant of his rights to hearings and appeals.
C. Suspension or Revocation of License
(1) If an
existing program has conditions or practices which, in the Department's
judgment, provide a threat to the safety and/or welfare of the persons served,
the Department may immediately suspend or revoke the license of the program.
Upon receipt of notification from the Department the licensee will cease
operation immediately. The licensee will be notified by mail of the suspension
or revocation. The notification shall contain the reason(s) for the revocation
or the conditions of suspension. Any agency or person operating a program which
has had its license suspended or revoked shall be liable to the penalties
provided by law. The licensee shall at the time of notification, be advised of
the right to a fair hearing and the appeal process.
(2) The Department may, suspend or revoke a
license. The Department shall notify the licensee by registered mail, stating
the reasons for the suspension or revocation of the license, and shall advise
the licensee of his rights to hearings and appeals.
(3) For any suspension or revocation of a
license except as noted by R. 88-125C (1), the license shall be considered
terminated at 12 midnight on the fifteenth calendar day following the mailing
of the written notification, unless the licensee shall give written request of
his desire for an appeal hearing. If such a request is received by the
Department within ten calendar days from the date notification was sent to the
licensee, the licensee may continue operation until a final decision is
reached. If, at the hearing, the decision is made to suspend or revoke a
license the program will have fifteen calendar days to cease
operation.
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