10A NCAC 06R .0804       DENIAL OR REVOCATION OF CERTIFICATE

(a)  A certificate may be denied or revoked by the Division of Aging at any time for failure to comply with the rules of this Subchapter.

(b)  When a program fails to comply with the rules of this Subchapter at the time initial certification is requested, certification will be denied by the Division of Aging.  A notice setting forth the particular reasons for such action will be delivered personally or by certified mail to the applicant.  Such denial becomes effective 20 days after the receipt of the notice.

(c)  Revocation of a certificate, when violations have not been corrected by the date established by a corrective action plan, may be effected by personal delivery or certified mail, of a notice setting forth the particular reasons for such action.  Such revocation becomes effective 20 days after the receipt of the notice.

(d)  In accordance with 150B‑3(c), if the division finds that the health, safety, or welfare of the participants requires emergency action and incorporates this finding in its notice, the certificate may be summarily suspended.  Notice of the summary suspension shall be effected by serving the program director by personal delivery or certified mail.  The summary suspension will be effective on the date specified in the notice or upon service of the notice, whichever is later.

(e)  When a program receives a notice of denial or revocation, the program director must inform each participant and participant caretaker, as appropriate, of the notice and the basis on which it was issued.

 

History Note:        Authority G.S. 131D‑6; 143B‑153;

Eff. January 1, 1986;

Amended Eff. July 1, 2000; July 1, 1990.