§ 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-day (30) 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.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-24 - Facilities and Programs
Section 40.1-24-1. - Definitions.
Section 40.1-24-3. - License requirement.
Section 40.1-24-4. - Application for license.
Section 40.1-24-5. - Issuance of license — Transfer.
Section 40.1-24-6. - Expiration and renewal of license.
Section 40.1-24-7. - Denial, suspension, or revocation of license.
Section 40.1-24-8. - Review of license action.
Section 40.1-24-9. - Rules, regulations, and standards.
Section 40.1-24-10. - Time allowed for compliance with new rules or standards.
Section 40.1-24-11. - Inspections and investigations — Alterations or new construction.
Section 40.1-24-12. - Confidentiality of information.
Section 40.1-24-13. - Annual report of activities.
Section 40.1-24-14. - Operation of unlicensed facility.
Section 40.1-24-15. - Injunction to restrain operation without license.
Section 40.1-24-16. - Institutions to which chapter inapplicable.
Section 40.1-24-17. - Power to enforce chapter.
Section 40.1-24-18. - Severability.
Section 40.1-24-19. - Aftercare programs.
Section 40.1-24-20. - Human immunodeficiency virus (HIV) testing — Facilities for drug users.
Section 40.1-24-21. - Competency evaluation and training programs for residential instructors.