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 all rule requirements; or (3-17-22) b. The agency does not meet requirements for certification to the extent that it hinders its ability t o provide quality services that comply with the rules for residential habilitation agencies; or (3-17-22) c. The application is incomplete; or (3-17-22) d. The applicant, owner, operator, or provider has willfully misrepresented or omitted information o n the application or other documents pertinent to obtaining a certificate; (3-17-22) e. The applicant, owner, operator, or provider has been denied or has had revoked any license o r certificate for a health facility, residential assisted living facility, certified family home, or residential habilitatio n agency; or (3-17-22) f. The applicant, owner, operator, or provider has been convicted of operating a health facility , residential assisted living facility, certified family home, or residential habilitation agency without a license o r certificate; or (3-17-22) g. A court has ordered that the applicant, owner, operator, or provider must not operate a healt h facility, residential assisted living facility, certified family home, or residential habilitation agency. (3-17-22) h. The Department will not review an application of an applicant who has an action, either current o r in process, against a certificate held by the applicant either in Idaho or any other state or jurisdiction. (3-17-22) 02. Before Denial is Final. Before denial is final, the Department will advise the individual or provide r in writing of the denial and their right and method to appeal. Contested case hearings, including denial an d revocation, must be conducted under IDAPA 16.05.03, “Contested Case Proceedings and Declaratory Rulings.” (3-17-22)