N.D. Admin. Code 75-04-01-04

Current through Supplement No. 395, January, 2025
Section 75-04-01-04 - [Effective 1/1/2025] License denial or revocation

The department may deny a license to an applicant or licensee or revoke an existing license upon a finding of noncompliance with North Dakota Century Code chapter 25-01.2 or 25-16 or the rules of the department.

1. If the department denies a license, the applicant or licensee may not reapply for a license for a period of six months from the date of denial. After the six-month period has elapsed, the applicant or licensee may submit a new application to the department.
2. If the department revokes a license, the licensee may not reapply for a license for a period of one year from the date of the revocation. After the one-year period has elapsed, the licensee may submit a new application to the department.
3. A license denial or revocation may affect all or some of the services and facilities operated by a licensee.
4. Notification is made upon mailing or upon electronic transmission. The notice must identify any law, rule, or standard alleged to have been violated, the factual basis for the allegation, the specific service or facility responsible for the violation, the date after which the denial or revocation is final, and the procedure for appealing the action.
5. If an action to revoke a license is appealed, the licensee may continue to provide services until the final appeal decision is rendered unless continued operations would jeopardize the health and safety of eligible individuals.
6. The licensee, upon final revocation notification, shall destroy the license.

N.D. Admin Code 75-04-01-04

Effective April 1, 1982; amended effective June 1, 1986.
Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.
Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.
Amended by Administrative Rules Supplement 2024-395, January 2025, effective 1/1/2025.

General Authority: NDCC 25-01.2-18, 25-16-06, 50-06-16

Law Implemented: NDCC 25-01.2-18, 25-16-03, 25-16-08