10A NCAC 09 .2205         SUSPENSION

(a)  Suspension of a permit for a period of time not to exceed 45 days may be ordered when violation of any section of the statutes or rules has been willful, continual, or hazardous to health or safety, and/or the operator has not made reasonable efforts to conform to standards.

(b)  The operator shall be notified in advance of the determination to suspend the permit and the reasons for such action.  The operator may request an agency review of the situation and shall be given an opportunity to show compliance with all requirements for retention of the permit.

(c)  The suspension order shall specify the period of suspension and the reasons for its issuance.  The operator shall surrender the permit to the Division on the effective date of the suspension order and shall refrain from operating a center or home during the suspension period.

(d)  If suspension is stayed pending appeal, the suspension order shall be posted in a prominent place in the center or home pending final action.

(e)  Failure to comply with the suspension order shall result in civil action in accordance with G.S. 110‑103.1 and/or criminal penalty in accordance with G.S. 110‑103.  The Division may also seek injunctive relief in accordance with G.S. 110‑104.


History Note:        Authority G.S. 110‑102.2; 143B‑168.3; 150B‑3;

Eff. July 1, 1988;

Amended Eff. April 1, 2001; November 1, 1989.