10-148 C.M.R. ch. 20, § 5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES
A. When an applicant falls to comply with
applicable laws and rules, the Department may refuse to issue or renew the
license. The notice of a refusal to issue or renew and a statement indicating
the reasons for refusal shall be formulated in writing and mailed to the
applicant.
B. If, at the expiration
of a full or provisional license or during the term of a full license the
agency falls to comply with applicable laws 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. Failure by the conditional licensee to meet the conditions
specified by the Department shall permit the Department to void the conditional
license or refuse to issue a full license. The conditional license shall be
void when the Department has delivered in hand or by certified mail a written
notice to the licensee, or if the licensee cannot be reached for service in
hand or by certified mail, has left written notice thereof at the agency or
agency.
C. Whenever, upon
investigation, conditions or practices are found which, in the opinion of the
Department, immediately endanger the health or safety of children served by the
agency, the Department may request the Administrative Court for an emergency
suspension pursuant to Title 4, M.R.S.A., Section 1153.
D. Any license, issued under this subtitle
may be suspended or revoked for violation of applicable laws and rules,
committing, permitting, aiding or abetting any illegal practices in the
operation of the agency or conduct or practices detrimental to the welfare of
persons served by or attending the agency.
When the Department believes that a license should be suspended or revoked, it shall file a complaint with the Administrative Court as provided in the Maine Administrative Procedures Act, Title 5, chapter 375.
Notes
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