Denial Of An Application

The Department may deny any application. (3-17-22) 01. Causes for Denial. Causes for denial of an application may include: (3-17-22) a. The application does not meet rule requirements in Subsection 101.04 of these rules; (3-17-22) b. The applicant, owner, operator, or provider has: (3-17-22) i. Willfully misrepresented or omitted information on the application or other documents pertinent t o obtaining a certificate; (3-17-22) ii. Been denied or has had revoked any license or certificate for a DDA, facility, certified famil y home, or residential habilitation agency; or (3-17-22) iii. Been convicted of operating an unlicensed or uncertified DDA, facility, certified family home, o r residential habilitation agency; (3-17-22) iv. A court order that mandates the applicant must not operate a DDA, facility, certified family home , or residential habilitation agency; (3-17-22) v. An action, either current or in process, against a certificate held by the applicant either in Idaho o r any other state or jurisdiction. (3-17-22) 02. Before Denial is Final. The Department will advise the individual or provider in writing of th e denial and their right and method to appeal. Contested case hearings, including denial and revocation, must b e conducted under IDAPA 16.05.03, “Contested Case Proceedings and Declaratory Rulings.” (3-17-22) 112. -- 114. (RESERVED)