(a)  The Division of Health Service Regulation may suspend the admission of participants to overnight respite services when warranted under the provisions of G.S. 131D-6.1 and G.S. 131D-2.7.

(b)  The Division shall notify the overnight respite service licensee by certified mail of the decision to suspend admissions. Such notice shall include:

(1)           the period of the suspension;

(2)           factual allegations;

(3)           citation of statutes and rules alleged to be violated; and

(4)           notice of the licensee's right to a contested case hearing regarding the suspension.

(c)  The suspension shall be effective on the date specified in the notice of suspension. The suspension shall remain effective for the period specified in the notice or until the overnight respite service demonstrates to the Division that conditions are no longer detrimental to the health and safety of the participants based on the factors set forth in G.S. 131D-2.7(d)(2).

(d)  The overnight respite service shall not admit any participants during the effective period of the suspension.

(e)  Any action taken by the Division to revoke a license for overnight respite services shall be accompanied by a suspension of admissions.


History Note:        Authority G.S. 131D-2.7; 131D-6.1;

Eff. April 1, 2017.