Section 11-72-80 - Suspension or revocation of designation(a) The department of health may suspend or revoke a designation for any of the following reasons: (1) Failure to comply with any provision of this subchapter or any other applicable law;(2) Submission of misleading, incorrect, false, or fraudulent information to the department of health; or(3) Any attempt to prevent, interfere with, or impede in any way, the work of the department of health in the lawful enforcement of this subchapter or any other applicable State law.(b) In determining whether to revoke a designation, the department of health may consider: (1) The number of instances of non-compliance;(2) The severity of each instance relative to public health and safety;(3) The nature and circumstances of each instance;(4) Whether each instance was corrected, the manner of correction, and the duration of the instance; and(5) Whether the instances indicate a lack of commitment or ability to comply with this subchapter.(c) The department of health, when it has reason to believe a violation of any provision of this subchapter has occurred, may conduct an investigation to determine whether the violation has occurred. The department of health shall notify the alternative destination of an investigation, unless extenuating circumstances exist that would reasonably preclude notification.(d) If the department of health determines that an alternative destination has violated any provision of this subchapter, the department of health shall notify the alternative destination in writing of the specific areas of noncompliance and the department of health may do one or more of the following:(1) Establish a specific timeframe for the correction of areas of noncompliance; or(2) Require submission of a written corrective action plan from the alternative destination that addresses areas of noncompliance and that shall be subject to approval by the department of health.(e) If the identified areas of noncompliance are not corrected to the satisfaction of the department of health or a satisfactory corrective action plan is not submitted to the department of health within the required timeframe and the department of health intends to suspend or revoke a designation, the department of health shall notify the alternative destination in writing of the suspension or revocation decision, the reason or reasons therefor, the right to appeal the decision, and the procedure to appeal the decision.(f) Without regard to subsections (c), (d), and (e), the department of health may summarily suspend a designation if the department of health finds that an alternative destination has engaged in a deliberate and wilful violation of these rules or that the public health, safety, or welfare requires immediate action. The department of health shall notify the alternative destination in writing of the suspension decision, the reason or reasons therefor, the right to appeal the decision, and the procedure to appeal the decision.(g) Upon a finding by the department of health that the alternative destination has not violated a provision of this subchapter or has satisfactorily corrected the areas of noncompliance, the department of health shall rescind its suspension and reinstate the alternative destination's designation.(h) An alternative destination aggrieved by a decision made pursuant to this section may request an appeal pursuant to section 11-72-81. [Eff 4/30/2020] (Auth: HRS § 321-224.2) (Imp: HRS § 321-224.2)