Sec. 10.07.02.77. Denial or Revocation of License

A. Denial or Revocation of License. The Secretary, for cause shown, may notify the nursing facility of the decision to revoke or deny the nursing facility's license. The denial or revocation shall be stayed if a hearing is requested.

B. The Department shall notify the nursing facility in writing of the following:

(1) The effective date of the denial or revocation;

(2) The reason for the denial or revocation;

(3) The regulations with which the licensee has failed to comply that form the basis for the denial or revocation;

(4) That the nursing facility is entitled to a hearing if requested, and to be represented by counsel;

(5) That the nursing facility shall stop providing services on the effective date of the denial or revocation if the nursing facility does not request a hearing;

(6) That the denial or revocation shall be stayed if a hearing is requested; and

(7) That the nursing facility is required to surrender its license to the Department if the denial or revocation is upheld.

C. The licensee shall notify the residents or residents' representatives of any final denial or revocation and make every reasonable effort to assist them in making other living arrangements. The Department may assist in the relocation of residents.

D. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .59 of this chapter.