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Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 630

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  630.725.  Denial or revocation — appeal — determination by administrative hearing commission — notice of revocation, when. — 1.  The department shall revoke a license or deny an application for a license in any case in which it finds a substantial failure to comply with the standards established under its rules or the requirements established under sections 630.705 to 630.760.

  2.  Any person aggrieved by the action of the department to deny or revoke a license under the provisions of sections 630.705 to 630.760 may seek a determination of the department director's decision by the administrative hearing commission pursuant to the provisions of section 621.045.  It shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing or exhaust any other procedure within the department.

  3.  The administrative hearing commission may stay the revocation of such license, pending the commission's finding and determination in the cause, upon such conditions as the commission deems necessary and appropriate including the posting of bond or other security except that the commission shall not grant a stay or if a stay has already been entered shall set aside its stay, if upon application of the department the commission finds reason to believe that continued operation of a residential facility or day program pending the commission's final determination would present an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result.  In any case in which the department has refused to issue a license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.

  4.  The administrative hearing commission shall make the final decision as to the issuance or revocation of a license.  Any person aggrieved by a final decision of the administrative hearing commission, including the department, may seek judicial review of such decision by filing a petition for review in the court of appeals for the district in which the facility or program is located.  Review shall be had, except as modified herein, in accordance with the provisions of sections 621.189 and 621.193.

  5.  The department of mental health shall notify the department of health and senior services within ten days of revoking a license under this section.  If the department of health and senior services has not already done so, the department of health and senior services shall within thirty days of notification from the department of mental health, initiate an investigation of the facility to determine whether licensure action under sections 198.022 or 198.036 is appropriate.

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(L. 1980 H.B. 1724, A.L. 2007 S.B. 3)


---- end of effective   28 Aug 2007 ----

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