The Department may deny, suspend, or revoke the appointment or reappointment of designated examiners and designated dispositioners, or both, under the following procedures: (3-17-22)
01.Emergency Denial, Suspension, Revocation of Appointment or Reappointment. The Department will deny, suspend, or revoke appointment or reappointment, without prior notice, when conditions exist that endanger the health or safety of any client. (3-17-22)02.Written Request for Denial, Suspension, or Revocation of Appointment or Reappointment. In the absence of an emergency, a written request from the Regional Behavioral Health Program Manager or State Hospital Administrative Director will be made to the Division stating the reason(s) for the requested denial, suspension, or revocation of an appointment or reappointment. (3-17-22)03.Grounds for Revocation of Appointment or Reappointment. The Department may deny, suspend, or revoke an appointment or reappointment for any of the following reasons: (3-17-22)a. Failure to comply with these rules. (3-17-22)b. Failure to furnish data, information, or records as requested by the Department. (3-17-22)c. Revocation or suspension of the applicant's professional license. (3-17-22)d. Refusal to participate in a quality assurance process as requested by the Department. (3-17-22)e. Inadequate knowledge or performance as demonstrated by repeated substandard peer or quality assurance reviews. (3-17-22)f. Misrepresentation by the applicant in their application, or in documents required by the Department, or by an appointee in which there is a criminal, civil, or administrative determination that they have misrepresented the facts or the law to the court or administrative agency. (3-17-22)g. Conflict of interest in which an appointee exploits their position as a designated examiner or designated dispositioner for personal benefit. (3-17-22)h. A criminal, civil, or administrative determination that an appointee has committed fraud or gross negligence in their capacity as a designated examiner or designated dispositioner. (3-17-22)i. Substantiated disposition of a child protection referral or adult protection referral. (3-17-22)j. Failure to correct within thirty (30) days of written notice, any unacceptable conduct, practice, or condition as determined by the Department to be detrimental to public health or safety. (3-17-22)04.Appeal of Department Decision. Applicants may appeal a Department decision to deny, suspend, or revoke an appointment under IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." (3-17-22)05.Reapplication for Appointment. Following denial, suspension, or revocation of appointment or reappointment, the same appointee may not reapply for appointment for a period of one (1) year after the effective date of the action. (3-17-22)Idaho Admin. Code r. 16.07.39.700