§ 19-14.8-34 - Suspension, revocation or nonrenewal of registration.
SECTION 19-14.8-34
§ 19-14.8-34 Suspension, revocation ornonrenewal of registration. (a) In this section, "insolvent" means:
(1) Having generally ceased to pay debts in the ordinarycourse of business other than as a result of good-faith dispute;
(2) Being unable to pay debts as they become due; or
(3) Being insolvent within the meaning of the federalbankruptcy law, 11 U.S.C. § 101 et seq., as amended.
(b) The director may suspend, revoke, or deny renewal of aprovider's registration if:
(1) A fact or condition exists that, if it had existed whenthe registrant applied for registration as a provider, would have been a reasonfor denying registration;
(2) The provider has committed a material violation of thischapter or a rule or order of the director under this chapter;
(3) The provider is insolvent;
(4) The provider or an employee or affiliate of the providerhas refused to permit the director to make an examination authorized by thischapter, failed to comply with subdivision 19-14.8-32(b)(2) within fifteen (15)days after request, or made a material misrepresentation or omission incomplying with subdivision 19-14.8-32(b)(2); or
(5) The provider has not responded within a reasonable timeand in an appropriate manner to communications from the director.
(c) If a provider does not comply with subsection19-14.8-22(f) or if the director otherwise finds that the public health orsafety or general welfare requires emergency action, the director may order asummary suspension of the provider's registration, effective on the datespecified in the order.
(d) If the director suspends, revokes, or denies renewal ofthe registration of a provider, the director may seek a court order authorizingseizure of any or all of the money in a trust account required by §19-14.8-22, books, records, accounts, and other property of the provider whichare located in this state.
(e) If the director suspends or revokes a provider'sregistration, the provider may appeal and request a hearing pursuant to chapter42-35.