N.D. Admin. Code 75-03-21-16

Current through Supplement No. 394, October, 2024

Section 75-03-21-16 - Denial or revocation of license

The denial of an application or the revocation of a license applies to all individuals who applied to be licensed at the facility or who are listed as providers on the license. An application for a license may be denied or a license may be revoked if:

1. Any conditions set forth in North Dakota Century Code section 50-11 -02 as prerequisites for issuance of the license do not exist;

2. The application contains false or misleading material information or the applicant intentionally withholds material information;

3. The license was issued upon false, misleading, or intentionally withheld material information;

4. A licensee, caregiver, employee, or an agent of the facility has violated a provision of this chapter or any of the rules of the department;

5. An applicant, licensee, caregiver, employee, or agent of the facility has been convicted of an offense determined by the department to have a direct bearing upon the individual's ability to serve the public or residents of the facility, or the department determines, following conviction of any other offense, the individual is not sufficiently rehabilitated under North Dakota Century Code section 12.1-33-02.1;

6. The facility, or the premises proposed for the facility, is not being or will not be maintained according to this chapter;

7. The facility, or the premises proposed for the facility, is not in sanitary condition or properly equipped to provide good care for all residents who may be received;

8. The provider or proposed provider is not properly qualified to carry out the duties required;

9. The facility, or the premises proposed for the facility, is not being conducted or is not likely to be conducted for the public good in accordance with sound public policy and with due regard for the health, morality, and well-being of all residents; or

10. The provider or proposed provider is not a reputable and responsible individual.

N.D. Admin Code 75-03-21-16

Effective May 1, 1992; amended effective May 1, 1995; September 1, 2004; October 1, 2012.

General Authority: NDCC 50-06-16, 50-11

Law Implemented: NDCC 50-11-03