(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:
(1) Violation of any of the provisions of this subchapter or the rules and regulations lawfully promulgated under this subchapter; or
(2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.
(b) (1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.
(2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.
(c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.
(d) (1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.
(2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.
(3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216.
(e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to § 20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.
(f) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by regulations.
(g) The procedure governing hearings authorized by this section shall be in accordance with regulations promulgated by the department.
Section: Previous 20-9-208 20-9-209 20-9-210 20-9-211 20-9-212 20-9-213 20-9-214 20-9-215 20-9-216 20-9-217 20-9-218 20-9-219 20-9-220 20-9-221 20-9-222 NextLast modified: November 15, 2016