(a) The commissioner may deny, revoke, or refuse to renew registration of a provider or prohibit the execution of new continuing care agreements if the commissioner finds that:

1. (1) the provider willfully violated any provision of this chapter or any rule or order adopted under this chapter;
2. (2) the provider failed to file an annual disclosure statement required by section 5 of this chapter;
3. (3) the provider failed to deliver to a prospective resident or contracting party a copy of the disclosure statements as required by section 7 of this chapter;
4. (4) the provider delivered to a prospective resident or contracting party a disclosure statement that contained a misstatement of material fact or omission of a material fact even though the provider, at the time of the delivery of the disclosure statement, had no actual knowledge of the misstatement or omission;
5. (5) the provider failed to comply with the terms of a cease and desist order of the commissioner; or
6. (6) according to rules adopted by the commissioner under IC 4-22-2 , the provider is insolvent and the financial condition of the provider may jeopardize the care of the residents.

(e) Except as provided in subsection (d), an order may not be entered under this section unless there has been:

1. (1) appropriate prior notice to the provider;
2. (2) opportunity for hearing; and
3. (3) written findings of fact and conclusions of law.

(f) The commissioner may vacate or modify an order if the commissioner finds that the conditions that prompted entry have changed or that it is in the public interest to do so.

As added by Acts 1982, P.L.145, SEC.1. Amended by P.L.131-1988, SEC.6; P.L.1-1992, SEC.114.