32.03.04.31

.31 Revocation or Denial of a Certificate.

A. The Department may revoke, deny, or refuse to renew a certificate for cause. Cause for revocation of a certificate, denial of a certificate, or refusal to renew a certificate includes, but is not limited to, the following:

(1) Conditions that present an imminent danger to the life, safety, health, or welfare of the participants;

(2) Failure to meet the initial certification or renewal requirements of this chapter;

(3) Failure to correct cited violations within the time specified by the Department;

(4) Fraud or misrepresentation in obtaining or attempting to obtain or retain a certificate;

(5) Submission of false information to the Department;

(6) Request by the provider that the certificate be revoked; and

(7) Failure to abide by the terms of the purchase of services agreement.

B. The Department shall notify a provider in writing of a decision to deny, revoke, or deny the renewal of a certificate.

C. A notice provided under §B of this regulation shall include the following information:

(1) The reason for the denial, revocation, or refusal to renew the certificate;

(2) A citation to the regulations on which the decision is based;

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

(4) What a provider shall do to file an appeal, including all relevant time requirements; and

(5) Notification that the provider may not enroll an individual or couple in the Program after the provider receives the notice.

D. A provider aggrieved by a notice to deny, revoke, or deny the renewal of a certification may appeal the Department's action by filing a request for an appeal in accordance with Regulation .33 of this chapter.

E. The Department shall notify the participants and the owner of the facility, or the management agent for the owner, in writing of a decision to revoke or deny the renewal of a certificate. The notice shall comply with §C of this regulation and shall include a list of community resources available to assist the participants.