Appeal After Issuance of an Administrative Order of Closure

Section 383.110  Appeal After Issuance of an Administrative Order of Closure a)         When the Department has issued a notice of intent to revoke, refuse to renew or refuse to issue a full license following an administrative order of closure, the licensee or permit holder may request that a hearing be scheduled within 21 days.  The request shall be directed to the Department's Administrative Hearings Unit and shall specifically state that the Department has served an administrative order of closure on the program or facility and has served the requisite notice of intent on the licensee, and that a hearing date within 21 days is requested. b)         Upon receipt of the request for a hearing, the Chief Administrative Law Judge shall verify with the Regional Licensing Administrator that an administrative order of closure and notice of intent were served.  Upon verification, a hearing date shall be scheduled within 21 days after the date the appellant's written request for administrative hearing was received. c)         The Administrative Law Judge shall present a written opinion and recommendation to the Director within 21 days after the record of the administrative hearing is completed.  Upon agreement of the parties, the time frame for completion of the written opinion and recommendation may be extended. d)         The Director shall issue a final administrative decision within 7 days after receipt of the Administrative Law Judge's recommended decision. e)         All other requirements in Subpart C of this Part not in conflict with the provisions in this Section shall apply to hearings after issuance of an administrative order of closure.