ARM 37.106.3206. LICENSE DENIAL, SUSPENSION, RESTRICTION, AND REVOCATION

(1) The department, after written notice to the applicant or facility, may deny, suspend, cancel, reduce, modify, or revoke a license upon a finding of any of the following: (a) the facility is not in compliance with fire safety standards; (b) the facility is not in substantial compliance with other licensing requirements established by this subchapter; (c) the facility has made any misrepresentations to the department, either negligent or intentional, regarding any aspect of its operations or facility; (d) the facility has failed to use payments for the support of the residents; (e) the facility, persons associated with the facility, any staff member, or persons living at the facility have been named as the perpetrator in a substantiated report of abuse or neglect; (f) the facility, persons associated with the facility, any staff member, or persons living at the facility have violated provisions of this subchapter that resulted in abuse or neglect; (g) the facility, persons associated with the facility, or any staff member do not meet the requirements in ARM 37.106.3224; (h) the facility failed to report an incident of abuse or neglect to the department or its local affiliate as required in 41-3-201, MCA; (i) it is determined on the basis of a department or law enforcement investigation that the facility, persons associated with the facility, any staff member, or anyone living in a facility may pose any risk or threat to the safety or welfare of residents; (j) the facility has failed to provide an acceptable written plan of correction as specified in ARM 37.106.3205(5); (k) the facility did not pay the licensure fee as required in ARM 37.106.3204; or (l) the facility employs or has persons living at the facility that do not have an approved background check as required in ARM 37.106.3213. (2) At the discretion of the department and for their protection, residents may be removed immediately upon receipt of a report of sexual or physical abuse or neglect by the facility. (3) Suspension or revocation of a license may be immediate upon a determination by the department that emergency action is required based on findings including, but not limited to the following situations: (a) upon referral of suspected child abuse or neglect regarding a facility, the initial investigation reveals that there are reasonable grounds to believe that a resident may be in danger of harm; (b) the department requests and is denied access to the facility, residents, or staff; or (c) through a licensing investigation, it is determined that the facility, persons associated with the facility, any staff member, or persons living at the facility have violated a licensing regulation that results in harm to a resident which falls within the definitions of abuse and neglect as defined in ARM 37.106.3202(21)(a) and (b), whether or not a criminal prosecution is initiated. (4) Until the issuance of a contrary decision by the department, the denial, suspension, cancellation, reduction, modification, or revocation of a license will remain effective and enforceable. (5) Any person denied a license under the provisions of this subchapter, or whose license has been denied, suspended, canceled, reduced, modified, or revoked may request a hearing as provided in ARM Title 37, chapter 5, subchapter 3. (6) Nothing in these rules precludes the department from utilizing provisions of the Montana Administrative Procedure Act, including but not limited to summary suspension under 2-4-631(3), MCA.