32.03.04.30

.30 Suspension of Certificate.

A. The Department may suspend a provider's certificate if the provider has violated a regulation of this chapter, and the violation has not been corrected within the time specified in the notice of violation.

B. The Department may immediately suspend a provider's certificate if a violation of a regulation of this chapter results in conditions that pose an imminent danger to the health or safety of a participant.

C. The Department shall notify a provider in writing of a decision to suspend the provider's certificate.

D. A notice of certification suspension shall include:

(1) The reasons for suspension;

(2) A citation to the regulation on which the suspension is based;

(3) The period of suspension;

(4) Notification that the violation may lead to revocation of the certificate if the violation is not corrected within the number of days specified in the notice;

(5) The provider's right to appeal the suspension in accordance with Regulation .33 of this chapter; and

(6) What a provider shall do to file an appeal, including all relevant time requirements.

E. The Department shall notify the participants and the owner of the facility, or the management agent for the owner, of a decision to suspend a certificate under this regulation. The contents of the notice shall comply with §D of this regulation.

F. Upon notification of a suspension and until the suspension has been lifted, a provider may not enter into a provider-participant agreement with an individual who was not a participant at the time of the suspension.

G. A provider aggrieved by a notice of certification suspension may appeal the Department's action by filing a request for an appeal in accordance with Regulation .33 of this chapter.