1. The department may revoke a license in any case in which it finds that the operator:
- (1) Failed or refused to comply with class I or II standards, as established by the department pursuant to section 198.085; or failed or refused to comply with class III standards as established by the department pursuant to section 198.085, where the aggregate effect of such noncompliances presents either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result;
- (2) Refused to allow representatives of the department to inspect the facility for compliance with standards;
- (3) Knowingly acted or knowingly omitted any duty in a manner which would materially and adversely affect the health, safety, welfare or property of a resident; or
- (4) Demonstrated financial incapacity to operate and conduct the facility in accordance with the provisions of sections 198.003 to 198.096.
- 2. Upon revocation of a license, the director of the department shall so notify the operator in writing, setting forth the reason and grounds for the revocation. Notice of such revocation shall be sent either by certified mail, return receipt requested, to the operator at the address of the facility, or served personally upon the operator. The department shall provide the operator notice of such revocation at least ten days prior to its effective date.
(L. 1979 S.B. 328, et al. § 12)
(1987) It has been held that the legislature did not intend that a single non-life-threatening incident would be sufficient to justify a license revocation under this section. Villines v. Division of Aging, 722 S.W.2d 939 (Mo. banc).