Sec. 19a-84. (Formerly Sec. 19-43i). Suspension or revocation of license. Denial of initial license application.
Sec. 19a-84. (Formerly Sec. 19-43i). Suspension or revocation of license. Denial of initial license application. (a) When the Commissioner of Public Health has
reason to believe any person licensed under sections 19a-77 to 19a-80, inclusive, and
sections 19a-82 to 19a-87, inclusive, has failed substantially to comply with the regulations adopted under said sections, the commissioner may notify the licensee in writing
of the commissioner's intention to suspend or revoke the license or to impose a licensure
action. Such notice shall be served by certified mail stating the particular reasons for
the proposed action. The licensee may, if aggrieved by such intended action, make
application for a hearing in writing over the licensee's signature to the commissioner.
The licensee shall state in the application in plain language the reasons why the licensee
claims to be aggrieved. The application shall be delivered to the commissioner within
thirty days of the licensee's receipt of notification of the intended action. The commissioner shall thereupon hold a hearing within sixty days from receipt of such application
and shall, at least ten days prior to the date of such hearing, mail a notice, giving the
time and place of the hearing, to the licensee. The hearing may be conducted by the
commissioner or by a hearing officer appointed by the commissioner in writing. The
licensee and the commissioner or hearing officer may issue subpoenas requiring the
attendance of witnesses. The licensee shall be entitled to be represented by counsel and
a transcript of the hearing shall be made. If the hearing is conducted by a hearing officer,
the hearing officer shall state the hearing officer's findings and make a recommendation
to the commissioner on the issue of revocation or suspension or the intended licensure
action. The commissioner, based upon the findings and recommendation of the hearing
officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision in writing suspending, revoking or continuing the license or regarding the
intended licensure action. A copy of the decision shall be sent by certified mail to the
licensee. The decision revoking or suspending the license or a decision imposing a
licensure action shall become effective thirty days after it is mailed by registered or
certified mail to the licensee. A licensee aggrieved by the decision of the commissioner
may appeal as provided in section 19a-85. Any licensee whose license has been revoked
pursuant to this subsection shall be ineligible to apply for a license for a period of one
year from the effective date of revocation.
(b) The provisions of this section shall not apply to the denial of an initial application
for a license under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive,
provided the commissioner shall notify the applicant of any such denial and the reasons
for such denial by mailing written notice to the applicant at the applicant's address
shown on the license application.
(1967, P.A. 696, S. 9; P.A. 77-157, S. 7, 11; 77-603, S. 46, 125; 77-614, S. 323, 610; P.A. 85-613, S. 47, 154; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-360, S. 10, 25, 32; P.A. 00-135, S. 3, 21; P.A. 07-129, S. 3.)
History: P.A. 77-157 substituted "certified" for "registered" mail; P.A. 77-603 deleted references to superior court in
appeals provisions; P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January
1, 1979; Sec. 19-43i transferred to Sec. 19a-84 in 1983; P.A. 85-613 made technical changes; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Public Health, effective July 1, 1995; P.A. 95-360 eliminated the requirement that the notice automatically set a date for
a hearing, requiring instead that the aggrieved person request a hearing, established procedures for such a request, eliminated
a stay of the decision when appealed, expanded reference to licenses to include license applicants and expanded reference
to revocation or suspension to include "intended licensure denial or licensure action" and substituted reference to Sec.
19a-82 for reference to repealed Sec. 19a-81, effective July 13, 1995; P.A. 00-135 designated existing provisions as Subsec.
(a), deleting language re license applicant and licensure denial and making technical changes therein, and added new
Subsec. (b) re denial of initial license application, effective May 26, 2000; P.A. 07-129 amended Subsec. (a) by making
a technical change and adding one-year ineligibility provision for any licensee whose license is revoked pursuant to
subsection.