Sec. 14.31.02.08. Functions of Licensing Agency

A. Licensing. The licensing agency designated under Regulation .07 of this chapter shall:

(1) Consider the relevant experiences and actions of other agencies with programs or facilities operated by the provider's parent corporation, including:

(a) Denial of licensure;

(b) Sanctions, including suspension or revocation of licensure; and

(c) Corrective action requirements;

(2) Issue a written licensing report;

(3) Submit the licensing report to the provider and the Office;

(4) Do one of the following:

(a) Issue or deny the license for the program in accordance with the regulations of the licensing agency; or

(b) Deny a license or suspend consideration of a licensing application based upon an action under §A(1) of this regulation;

(5) Notify the provider of an action under §A(4) of this regulation within 60 days after the date of receipt of the completed application in accordance with the regulations of the licensing agency; and

(6) Notify the provider of the right to and method of requesting a hearing if the license is denied.

B. Monitoring. In consultation with an agency utilizing the program or facility, the licensing agency designated under Regulation .07 of this chapter shall:

(1) Monitor the facility at least annually;

(2) Notify the Office of its program monitoring schedule;

(3) Recommend to the Secretary of the licensing agency sanctions to be imposed upon the program if the program is not in compliance with licensing law and regulations applicable to the program;

(4) Inform the Office of any sanctions or corrective actions imposed on a provider; and

(5) Notify the provider in writing of proposed sanctions and the right to request, and method for requesting, a fair hearing regarding the imposition of sanctions.