NDAC 33-03-10.1-06
Enforcement
Cite as N.D. Admin. Code ยง 33-03-10.1-06
1.
Agencies are subject to one or more enforcement actions, which may include suspension or
revocation of a license or a denial to license for the following reasons:
a.
Noncompliance with the licensure requirements in this chapter has been identified which:
(1)
Presents imminent danger to patients;
(2)
Has a direct or immediate relationship to the health, safety, or security of the
agency's patients;
(3)
If left uncorrected, has a potential for jeopardizing patient health or safety; or
(4)
Is a recurrence of the same or substantially same violation in a twenty-four-month
period.
b.
Failure to correct any deficiency pursuant to a plan of correction or directed plan of
correction, unless the department approves in writing an extension or modification of the
plan of correction.
c.
Gross incompetence, negligence, or misconduct in operating the agency as determined
through department investigation or through a court of law.
d.
Fraud, deceit, misrepresentation, or bribery in obtaining or attempting to obtain a license.
e.
Lending, borrowing, or using the license of another agency.
f.
Knowingly aiding or abetting in any way the improper granting of a license.
2.
Conditions or practices that the department has determined to present imminent danger to
patients receiving services from the agency must be abated or eliminated immediately or
within a fixed period of time as specified by the department.