Sec. 10.12.01.18. Revocation of License

A. The Secretary, for cause shown, shall notify the licensee of the Secretary's decision to revoke the facility's license. The revocation shall be stayed if a hearing is requested.

B. The Secretary may revoke a license if the licensee:

(1) Has been convicted of:

(a) Fraud or a felony that relates to Medicaid or Medicare; or

(b) A crime involving moral turpitude; or

(2) Does not comply with the requirements of this chapter.

C. The Secretary shall consider the factors identified in Regulation .19B of this chapter when deciding whether to revoke a license.

D. The Secretary shall notify the licensee in writing of the following:

(1) The effective date of the revocation;

(2) The reason for the revocation;

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

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

(5) That the facility shall stop providing surgical abortion services on the effective date of the revocation if the licensee does not request a hearing;

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

(7) That the licensee is required to surrender the license to the Department if the revocation is upheld.

E. 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 .20 of this chapter.