TITLE 40.1

Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-24

Persons With Mental Illness, Addiction/Substance Abuse Disorders and

Developmental Disabilities

SECTION 40.1-24-7



   § 40.1-24-7  Denial, suspension, or

revocation of license. –

(a) Deemed status shall not prohibit the department from taking any licensing

action it deems necessary.



   (b) The department, after notice and opportunity for a

hearing to the applicant or licensee, is authorized to deny, suspend, or revoke

a license in any case in which it finds that there has been failure to comply

with the requirements established under this chapter. The notice shall be

effected by registered or certified mail or by personal service, setting forth

the particular reasons for the proposed action and fixing a date not less than

thirty (30) days from the date of the mailing or service, at which the

applicant or licensee shall be given an opportunity for a prompt and fair

hearing.



   (c) On the basis of any hearing, or upon default of the

applicant or licensee, the department shall make a determination specifying its

findings of fact and conclusions of law. A copy of the determination shall be

sent by registered or certified mail or served personally upon the applicant or

licensee. The decision denying, suspending, or revoking the license or

application shall become final thirty (30) days after it is so mailed or

served, unless the applicant or licensee, within the thirty (30) day period,

appeals the decision to the superior court, pursuant to § 40.1-24-8. The

procedure governing hearings authorized by this section shall be in accordance

with rules promulgated by the department.



   (d) A full and complete record shall be kept of all

proceedings, and all testimony shall be reported but need not be transcribed

unless the decision is appealed pursuant to § 40.1-24-8. A copy or copies

of the transcript may be obtained by any interested party on payment of the

cost of preparing the copy or copies. Witnesses may be subpoenaed by either

party.



History of Section.

(P.L. 1972, ch. 160, § 1; G.L. 1956, § 23-43.3-7; P.L. 1979, ch. 39,

§ 1; P.L. 2006, ch. 216, § 31; P.L. 2011, ch. 152, § 3; P.L.

2011, ch. 171, § 3.)