Section 800.200  Procedure for Revocation or Refusal to Renew a License

a)         Except as otherwise provided in Section 800.190, the Department shall notify the licensee by registered mail, return receipt requested, prior to revocation or refusal to renew a license. 

1)         The notice shall be sent to the address specified on the license or to the address of the ranking or presiding officer of the board of directors or any equivalent body operating the facility.

2)         The notice shall inform the licensee that he or she may, within ten days after receipt of the notice through registered mail, make a request to the Department for a public hearing before the Department and for a written statement of the charges. 

b)         Upon receipt of a written request for a hearing by the licensee, the Department shall send to the licensee a notice of the hearing by registered mail, return receipt requested.  The notice shall include:

1)         A written statement of the charges;

2)         A statement of the date, time, place, and nature of the hearing;

3)         The names and mailing addresses of the hearing officer, all parties, and all other persons to whom the Department gives notice of the hearing, unless otherwise held confidential by law; and

4)         A statement of the legal authority and jurisdiction under which the hearing is to be held. 

c)         The statement of charges shall be provided in writing and shall contain:

1)         A plain and concise statement of the matters asserted and the consequences of the failure to respond;

2)         Citation of the federal, State, or local laws or rules and regulations alleged to be violated; and

3)         Specific relief sought via this action.

d)         The hearing must be held within 30 days after the date of the postmark of the registered mail.

e)         The notice must be received by the licensee no later than 15 days prior to the date set for the hearing.

f)         The hearing shall be conducted in accordance with Section 800.210. 

g)         If no request for a hearing is made within ten days after notification, the license shall be revoked or renewal denied.