(A) The department shall give written notification to the governing board or if none, the operator of a program of deficiencies, and the applicant or licensee must be given a specified time in which to correct the deficiencies. If the department determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee by certified mail a notice setting forth the reason for the determination. The denial, suspension, or revocation becomes final fifteen calendar days after the mailing of the notice, unless the applicant or licensee within that time gives written notice of his desire for a hearing. If the applicant or licensee gives that notice, he must be given a hearing before the department and may present evidence. On the basis of the evidence, the determination must be affirmed or set aside by the director, and a copy of the decision, setting forth the findings of fact and the reasons upon which it is based must be sent by registered mail to the applicant.
(B) If an existing program has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the person with intellectual disability, a related disability, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in "Injunctions; Penalties".
HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.
Structure South Carolina Code of Laws
Section 44-20-10. Short title.
Section 44-20-20. Purpose of chapter.
Section 44-20-30. Definitions.
Section 44-20-230. Powers and duties of director.
Section 44-20-240. Creation of Department of Disabilities and Special Needs; divisions.
Section 44-20-250. Powers and duties of Department.
Section 44-20-260. Research programs.
Section 44-20-270. Administration of federal funds.
Section 44-20-280. Contracts for expansion of service.
Section 44-20-290. Security guards; powers; bonds.
Section 44-20-300. Motor vehicle liability insurance for employees of department.
Section 44-20-310. Sale of timber from forest lands; disposition of funds.
Section 44-20-320. Acceptance of gifts, etc. by department; policies and regulations.
Section 44-20-330. Granting of easements, permits, or rights-of-way by department.
Section 44-20-340. Records and reports pertaining to client; confidentiality of information; waiver.
Section 44-20-365. Closing regional centers to be authorized by law.
Section 44-20-375. County boards of disabilities and special needs; establishment; recognition.
Section 44-20-378. Composition of board; tenure.
Section 44-20-380. Funds for county boards of disabilities and special needs.
Section 44-20-385. Additional powers and duties of county boards of disabilities and special needs.
Section 44-20-410. Requirement for admission to services.
Section 44-20-420. Designation of service or program in which client is placed.
Section 44-20-430. Final authority over applicant eligibility.
Section 44-20-480. Placement of client out of home; payment for services.
Section 44-20-500. Order of confinement for client.
Section 44-20-510. Attendance of client in community based public school classes.
Section 44-20-710. Licensing of facilities and programs.
Section 44-20-720. Minimum standards of operation and license programs.
Section 44-20-730. Criteria for issuance of license.
Section 44-20-760. Disclosure of inspections; protection of names of clients.
Section 44-20-770. Denial, suspension, or revocation of license; grounds.
Section 44-20-790. Promulgation of regulations governing hearings.
Section 44-20-800. Appeal of decision concerning deficiencies and licenses.
Section 44-20-900. Injunctions; sufficiency of complaint; fines and penalties.
Section 44-20-1120. Raising of money for construction of improvements.
Section 44-20-1130. Limitation on amount of state capital improvement bonds.
Section 44-20-1140. Improvements for residential regional center or community facility; application.
Section 44-20-1150. Powers and duties concerning application for improvements.
Section 44-20-1160. Use of monies derived from revenues.
Section 44-20-1170. Special funds; disposition of revenues; withdrawal of funds.