10-148 C.M.R. ch. 16 and 15, § 5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES

A. When an applicant fails to comply with applicable laws and rules, the Department may deny the issuance or renewal of the license. A written notice of denial indicating the reasons for denial shall be mailed to the applicant.

B. If, at the expiration of a full license or during the term of a full license the home fails to comply with applicable law and rules and, in the judgment of the Commissioner, the best interest of the public would be served, the Department may issue a conditional license, or change a full license to a conditional license. The Department may void the conditional license or refuse to issue a full license if the terms of the conditional license are not met. The conditional license shall be void when the Department has delivered in hand or by certified mail a written notice to the licensee. In the case that the licensee cannot be reached for service in hand or by certified mail written notice thereof shall be left at the agency or facility.

C. Whenever, upon investigation, conditions are found which, in the opinion of the Department, immediately endanger the health or safety of persons living in or attending a facility, the Department may request the District Court for an emergency suspension pursuant to Title 4 M.R.S.A. §184 sub-§ 6.

D. A license to operate a Family Foster Home for Children may be suspended or revoked for: (1) violating any applicable law or rule; (2) committing, permitting, aiding or abetting any illegal practices in the operation of the facility; or (3) undertaking or allowing any practice detrimental to the welfare of persons living in the foster home.

When the Department believes that a license should be suspended or revoked, it shall file a complaint with the District Court as provided in the Maine Administrative Procedure Act, Title 5, chapter 375.

Notes

10-148 C.M.R. ch. 16 and 15, § 5