Enforcement Action Of Revocation Of Facility License

01. Revocation of Facility's License. The Department may revoke a license when the facilit y endangers the health or safety of residents, or when the facility is not in substantial compliance with the provisions o f Title 39, Chapter 33, Idaho Code, or this chapter of rules. (3-15-22) 02. Reasons for Revocation or Denial of a Facility License. The Department may revoke or deny an y facility license for any of the following reasons: (3-15-22) a. The licensee has willfully misrepresented or omitted information on the application or othe r documents pertinent to obtaining a license; (3-15-22) b. When persuaded by a preponderance of the evidence that such conditions exist which endanger th e health or safety of any resident; (3-15-22) c. Any act adversely affecting the welfare of residents is being permitted, aided, performed, or abette d by the person or persons in charge of the facility. Such acts may include neglect, physical abuse, mental abuse , emotional abuse, violation of civil rights, criminal activity, or exploitation; (3-15-22) d. The licensee has demonstrated or exhibited a lack of sound judgment essential to the operation an d management of a facility; (3-15-22) e. The licensee has violated any of the conditions of a provisional license; (3-15-22) f. The facility lacks adequate personnel, as required by these rules or as directed by the Department , to properly care for the number and type of residents residing at the facility; (3-15-22) g. Licensee refuses to allow the Department or the protection and advocacy agencies full access to the facility environment, facility records, and the residents as described in Sections 130 and 550 of these rules;(3-15-22) h. The licensee has been guilty of fraud, gross negligence, abuse, assault, battery, or exploitation wit h respect to the operation of a health facility, residential assisted living facility, or certified family home; (3-15-22) i. The licensee is actively affected in their performance by alcohol or the use of drugs classified as controlled substances; (3-15-22) j. The licensee has been convicted of a criminal offense other than a minor traffic violation within th e past five (5) years; (3-15-22) k. The licensee is of poor moral and responsible character or has been convicted of a felony o r defrauding the government; (3-15-22) l. The licensee has been denied, or the licensee's wrong-doing has caused the revocation of an y license or certificate of any health facility, residential assisted living facility, or certified family home; (3-15-22) m. The licensee has previously operated any health facility or residential assisted living facilit y without a license or certified family home without a certificate; (3-15-22) n. The licensee is directly under the control or influence of any person who has been the subject o f proceedings as described in this rule; (3-15-22) o. The licensee is directly under the control or influence of any person who is of poor moral an d responsible character or has been convicted of a felony or defrauding the government; (3-15-22) p. The licensee is directly under the control or influence of any person who has been convicted of a criminal offense other than a minor traffic violation in the past five (5) years; (3-15-22) q. The licensee fails to pay civil monetary penalties imposed by the Department as described i n Section 925 of these rules; (3-15-22) r. The licensee fails to take sufficient corrective action as described in Section 130 of these rules; or (3-15-22) s. The number of residents currently in the facility exceeds the number of residents the facility i s licensed to serve. (3-15-22) 941. -- 999. (RESERVED)