NDAC 75-03-34-03
Revocation of license
Cite as N.D. Admin. Code ยง 75-03-34-03
1.
The department may deny or revoke an assisted living facility's license if:
a.
The application for a license or renewal of a license or supporting documents contain
fraudulent or untrue representations or if the license was otherwise issued based upon
bribery or fraudulent or untrue representations;
b.
The assisted living facility is in violation of this chapter or is unwilling or unable to
conform to the requirements of this chapter;
c.
The assisted living facility, or the premises proposed for the assisted living facility, is not
or will not be maintained according to this chapter;
d.
The assisted living facility is denied any license necessary under federal, state, or local
law or such license has been revoked;
e.
The assisted living facility refuses to allow the department access to any material or
information necessary to determine compliance with licensing requirements; or
f.
The assisted living facility demonstrates a pattern of failing to abide by the terms of its
contract with tenants.
2.
Except when conditions exist that present imminent danger to assisted living facility tenants,
the effective date of a revocation of a license shall be thirty days from the date the department
provides written notification to the assisted living facility of the department's decision to revoke
the license.
3.
The revocation notice to the assisted living facility must include the basis of the department's
decision, the effective date of the revocation, and information regarding the assisted living
facility's right to request reconsideration by the department.
4.
The assisted living facility must notify all tenants and third-party payers of the department's
revocation of its license within fifteen days from the date of the final revocation notice.