122C-27. Powers of the Secretary.
The Secretary shall have the power to do all of the following:
(1) Administer and enforce the provisions, rules, and decisions pursuant to this Article.
(2) Appoint hearing officers to conduct appeals under this Article.
(3) Prescribe by rule the contents of the application for licensure and renewal.
(4) Inspect facilities and records of each facility to be licensed under this Article under the rules and decisions pursuant to this Article.
(5) Issue a license upon a finding that the applicant and facility comply with the provisions of this Article and the rules of the Commission and the Secretary.
(6) Define by rule procedures for submission of periodic reports by facilities licensed under this Article.
(7) Grant, deny, suspend, or revoke a license under this Article.
(7a) Issue orders directing facilities not licensed under this Article that are providing services requiring a license under this Article to cease and desist from engaging in any act or practice in violation of the provisions of this Article.
(8) In accordance with rules of the Commission, make final agency decisions for appeals from the denial, suspension, or revocation of a license in accordance with G.S. 122C-24.
(9) In accordance with rules of the Commission, grant waiver for good cause of any rules implementing this Article that do not affect the health, safety, or welfare of individuals within a licensable facility. (1983, c. 718, s. 1; 1985, c. 589, s. 2; 2021-77, s. 7.1(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 122C - Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985
§ 122C-22 - Exclusions from licensure; deemed status[Effective until January 1, 2023]
§ 122C-23 - (Effective until contingency met see note) Licensure.
§ 122C-23.1 - Licensure of residential treatment facilities.
§ 122C-24 - Adverse action on a license.
§ 122C-24.1 - Penalties; remedies.
§ 122C-25 - Inspections; confidentiality.
§ 122C-26 - Powers of the Commission.
§ 122C-27 - Powers of the Secretary.
§ 122C-27.5 - Waiver of rules and increase in bed capacity during an emergency.
§ 122C-28.1 - Facilities in violation of this Article.
§ 122C-30 - Peer review committee; immunity from liability; confidentiality.
§ 122C-31 - Report required upon death of client.
§ 122C-32 - Patient visitation rights for residents of residential treatment facilities.