Section 75-09.1-10-05 - Suspension and revocation of license - Appeal1.a. The division may suspend or revoke a license for one or more of the following reasons: (1) The opioid treatment program has violated any of the opioid treatment program licensing rules;(2) The opioid treatment program has procured any license through fraud or deceit;(3) The department, or any other state agency, has revoked any other license issued to the opioid treatment program;(4) Any principal of the opioid treatment program has been found guilty of, has pled guilty to, or has pled no contest to any of the offenses identified in paragraph 1 of subdivision c of subsection 1 of section 75-09.1-01-17;(5) The opioid treatment program has failed to report any important change in the information about a project as required;(6) The opioid treatment program has failed to operate in accordance with the representations made in its application;(7) The opioid treatment program has failed to operate in compliance with any applicable law, rule, or regulation;(8) The opioid treatment program ceases to provide, or within one hundred eighty days from the date the license takes effect fails to commence to provide, the services it is authorized to provide. b. The division shall provide the opioid treatment program written notice of which of the following actions is being taken and the basis for that action: (1) Revocation of the operating license, without which the opioid treatment program may no longer operate;(2) Suspension of the operating license, during which time, the opioid treatment program may not continue its operations;(3) Limitation placed on the license temporarily or permanently prohibiting the opioid treatment program from operating certain identified programs or services, reducing the number of beds, restricting the number or types of patients served or imposing any other limitation determined appropriate by the division.2. If an inspection of the opioid treatment program identifies that an opioid treatment program is not in compliance with any of the licensure requirements set forth by the division, the division shall notify the opioid treatment program in writing of the deficiencies identified.3. The opioid treatment program shall respond to the notification of deficiencies within the time the division sets forth in the notice. The opioid treatment program shall include in its response a plan for the correction of the identified deficiencies or an explanation for its deviation from licensure requirements.4. If the opioid treatment program fails to correct deficiencies or fails to provide a sufficient explanation for its failure to take action, the division may suspend or revoke the opioid treatment program's license or may require other corrective measures from the opioid treatment program. The division shall notify the opioid treatment program in writing of the action being taken.5. If there are reasonable grounds for the division to believe that continued operation of the opioid treatment program presents an immediate danger to the health and welfare of the public or any person receiving services, the division may immediately suspend a license.6. An opioid treatment program may request a hearing regarding any suspension, revocation, or limitation as provided in section 75-09.1-01-27.7. If a license is revoked, the division may consider a new application for a license if the conditions upon which the revocations were based have been corrected and evidence of the corrections has been provided. A new license may be issued after the division has inspected the opioid treatment program and has found that the applicant has complied with all requirements for licensure.N.D. Admin Code 75-09.1-10-05
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .General Authority: NDCC 50-31-08
Law Implemented: NDCC 50-31-08