(a) A private care agency license may be denied, suspended, or revoked for one or more of the following reasons:

1. (1) Violation of the provisions of the statute or any of the standards in this part;
2. (2) Misstatement of a material fact on any documents required to be submitted to the Division of Health Facility Services of the Department of Health or requirements to be maintained by the agency pursuant to this part;
3. (3) Commission by the agency or its personnel of a false, misleading, or deceptive act or practice;
4. (4) Materially altering any license issued by the division; and
5. (5) An intentional or negligent act by the agency or its employees that materially affects the health and safety of a client.

(b) If the Director of Health Facility Services of the Department of Health proposes to deny, suspend, or revoke a license, the director shall:

1. (1) Notify the agency of the reasons for the proposed action; and

2. (2)

   1. (A) Offer the agency an opportunity for a hearing.
   2. (B) The agency may request a hearing within thirty (30) days after the date the agency receives notice.
   3. (C) The request shall be in writing and submitted to: Director Division of Health Facility Services Department of Health 5800 West Tenth, Suite 400 Little Rock, Arkansas 72204
   4. (D) A hearing shall be conducted pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
   5. (E) If the agency does not request a hearing in writing after receiving notice of the proposed action, the:

(i) Agency is deemed to have waived the opportunity for a hearing; and

1. (ii) Proposed action shall be taken.

   1. (c)
2. (1) The division may suspend or revoke a license to be effective immediately when the health and safety of clients are threatened.

3. (2)

   1. (A) The division shall notify the agency of the emergency action and shall notify the agency of the date of a hearing that shall be within seven (7) days of the effective date of the suspension or revocation.
   2. (B) The hearing shall be conducted pursuant to the Arkansas Administrative Procedure Act.