Sec. 07.05.01.21. Emergency Action

A. If the Administration finds evidence of an agency's incompetence, misconduct, financial mismanagement, pervasive child neglect or abuse, or other conditions which pose an immediate threat to children's health and safety, the Administration shall:

(1) Without giving prior notice, suspend or revoke any license it has issued to the agency;

(2) Upon delivery of the letter of suspension or revocation, order all children in placement be removed by:

(a) The referring agency,

(b) The children's legal guardian, or

(c) The children's parents;

(3) Order the agency to cease services to all children and adults;

(4) Order the agency not to admit additional children for care or services;

(5) In a letter of suspension or revocation, provide the agency with:

(a) Notice of the action taken,

(b) The grounds for the action, and

(c) A description of the agency's appeal rights; and

(6) Inform the parties listed in Regulation .19D(2)(b) about the suspension or revocation.

B. Once an agency license has been suspended or revoked on an emergency basis, the license may not be restored unless:

(1) There is a hearing decision favorable to the agency; or

(2) The agency re-applies for a license and the Administration issues the license.