39-980. Same; suspension, denial of, revocation of or refusal to renew registration; hearing; powers of secretary. (a) The secretary may deny, refuse to renew, suspend or revoke a registration where the operator or applicant:
(1) Has obtained, or attempted to obtain, a registration by means of fraud, misrepresentation or concealment of material facts;
(2) has a finding of abuse, neglect or exploitation against a resident of an adult care home as defined in K.S.A. 39-1401, and amendments thereto;
(3) has been convicted of a crime found by the secretary to have direct bearing on whether the registrant or applicant can be entrusted to serve the public in the position of an operator;
(4) has violated a lawful order or rule or regulation of the secretary;
(5) had disciplinary action taken against such operator on a professional or occupational healthcare credential issued by this state or by another jurisdiction; or
(6) has violated any provisions of the operator registration act.
(b) Such denial, refusal to renew, suspension or revocation of a registration may be ordered by the secretary after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act.
(c) A person whose registration has been revoked may apply to the secretary for reinstatement. The secretary shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An applicant for reinstatement shall submit an application for reinstatement and a reinstatement fee established by the secretary and fulfill the requirements under subsection (d) of K.S.A. 39-978, and amendments thereto.
History: L. 2014, ch. 94, ยง 9; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-926 License required to operate home; compliance with regulations.
39-929 Provisional license, approval; terms; extension.
39-930 License fee; disposition.
39-931a Same; grounds; person defined.
39-932 Adoption and enforcement of rules, regulations and standards.
39-932a Adult care homes in less than an entire building.
39-933 Inspections and investigations; regulations for changes in facilities.
39-934 Certain information confidential.
39-937 Compliance with other laws and regulations.
39-938 Compliance with requirements and rules and regulations; exceptions.
39-941 Adult care homes; license and regulation; certain organizations exempt.
39-942 License in effect on effective date of act continued in effect; exceptions.
39-944 Injunctions and other process.
39-945 Correction orders; issuance; contents.
39-947 Appeals to secretary; hearing; disposition of civil penalties.
39-947a Informal dispute resolution; written request; procedure.
39-948 Appeals to district court; disposition of civil penalties.
39-951 Authority granted under act additional and not limiting.
39-952 Correction order not issued, when.
39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.
39-955 Filing application for receivership; contents.
39-956 Service of copies of application for receivership; posting in adult care home.
39-957 Answer to application for receivership.
39-959 Powers and duties of receiver.
39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
39-962 Supervision of district court; final accounting; removal.
39-964 Procedures for and review and enforcement of administrative actions.
39-965 Penalties for violations posing serious physical harm to resident.
39-967 Skilled nursing home or intermediate nursing care home means nursing facility.
39-969 Criminal history record information.
39-973 Operator registration act.
39-975 Same; registration of operators; rules and regulations.
39-976 Same; operator registration on adult care home administrator license required.
39-977 Same; waiver of registration requirements, when.
39-978 Same; registration renewal.
39-979 Same; fees; health occupations credentialing fee fund.