10A NCAC 09 .2206         REVOCATION

(a)  Revocation of a permit may be ordered when violation of any section of the statutes or rules has been willful, continual, or hazardous to health or safety, or the operator has not made reasonable efforts to conform to standards or is unable to comply.

(b)  The operator shall be notified in advance of the determination to revoke 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 revocation order shall specify the reasons for its issuance and the effective date of revocation and shall be posted prominently in the center or home immediately upon receipt.  The operator shall surrender the permit on the effective date of the revocation order and shall refrain from operating the center or home thereafter.

(d)  Failure to comply with the revocation order shall result in civil action in accordance with G.S. 110‑103.1 or a criminal penalty in accordance with G.S. 110‑103, or both.  The Secretary 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; August 1, 1990; November 1, 1989.