13-42-134 - Suspension, revocation, or nonrenewal of registration.
13-42-134. Suspension, revocation, or nonrenewal of registration.
(1) In this section, "insolvent" means:
(a) having generally ceased to pay debts in the ordinary course of business other than as aresult of good-faith dispute;
(b) being unable to pay debts as they become due; or
(c) being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. Section101 et seq.
(2) The administrator may suspend, revoke, or deny renewal of a provider's registrationif:
(a) a fact or condition exists that, if it had existed when the registrant applied forregistration as a provider, would have been a reason for denying registration;
(b) the provider has committed a material violation of this chapter or a rule or order ofthe administrator under this chapter;
(c) the provider is insolvent;
(d) the provider or an employee or affiliate of the provider has refused to permit theadministrator to make an examination authorized by this chapter, failed to comply withSubsection 13-42-132(2)(b) within 15 days after request, or made a material misrepresentation oromission in complying with Subsection 13-42-132(2)(b); or
(e) the provider has not responded within a reasonable time and in an appropriate mannerto communications from the administrator.
(3) If a provider does not comply with Subsection 13-42-122(6) or if the administratorotherwise finds that the public health or safety or general welfare requires emergency action, theadministrator may order a summary suspension of the provider's registration, effective on thedate specified in the order.
(4) If the administrator suspends, revokes, or denies renewal of the registration of aprovider, the administrator may seek a court order authorizing seizure of any or all of the moneyin a trust account required by Section 13-42-122, books, records, accounts, and other property ofthe provider which are located in this state.
(5) If the administrator suspends or revokes a provider's registration, the provider mayappeal and request a hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session