TITLE 23

Health and Safety

CHAPTER 23-17.7.1

Licensing of Nursing Service Agencies

SECTION 23-17.7.1-8



   § 23-17.7.1-8  Denial, suspension, or

revocation of license. –

The licensing agency, 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 and pursuant to 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 time

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

hearing. On the basis of the hearing, or upon the failure of the applicant or

licensee to appear, the licensing agency shall make a determination specifying

its findings of fact and conclusion 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 pursuant to § 42-35-15. The procedure governing

hearings authorized by this section shall be in accordance with §§

42-35-9 – 42-35-13 as stipulated in § 42-35-14(a). 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 § 42-35-15. A copy or copies of the transcript may be obtained by an

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. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.)