1. (1) The department, after written notice to the applicant or program, may deny, suspend, cancel, reduce, modify, or revoke a license upon a finding of any of the following:

   1. (a) the program is not in compliance with fire safety standards;
   2. (b) the program is not in substantial compliance with other licensing requirements established by this chapter;
   3. (c) the program has made any misrepresentations to the department, either negligent or intentional, regarding any aspect of its operations or facility;
   4. (d) the program has failed to use payments for the support of the program participants;
   5. (e) the program, persons associated with the program, any staff member, or persons living at the program have been named as the perpetrator in a substantiated report of abuse or neglect;
   6. (f) the program, persons associated with the program, any staff member or persons living at the program have violated provisions of this chapter that resulted in child abuse or neglect;
   7. (g) the program, persons associated with the program or any staff member do not meet the requirements in ARM 37.99.148;
   8. (h) the program failed to report an incident of abuse or neglect to the department or its local affiliate as required in 41-3-201, MCA;
   9. (i) it is determined on the basis of a department or law enforcement investigation that the program, persons associated with the program, any staff member, or anyone living in a program may pose any risk or threat to the safety or welfare of program participants;
   10. (j) the program has failed to provide an acceptable written plan of correction as specified in ARM 37.99.109;
   11. (k) the program did not pay the licensure fee as required in ARM 37.99.107; or
   12. (l) the program employs or has persons living at the program that do not have an approved background check as required in ARM 37.99.126.
2. (2) At the discretion of the department and for protection of the program participants, program participants may be removed immediately upon receipt of a report of sexual or physical abuse or neglect by the program.

3. (3) Suspension or revocation of a license may be immediate upon a determination by the department that emergency action is required based on findings including, but not limited to the following situations:

   1. (a) upon referral of suspected child abuse or neglect regarding a program, the initial investigation reveals that there are reasonable grounds to believe that a program participant may be in danger of harm;
   2. (b) the department requests and is denied access to the program, program participants, or staff; or
   3. (c) through a licensing investigation, it is determined that the program, persons associated with the program, any staff member, or persons living at the program have violated a licensing regulation that results in harm to a program participant which falls within the definitions of child abuse and neglect set out in 41-3-102, MCA, whether or not a criminal prosecution is initiated.
4. (4) Until the issuance of a contrary decision by the department the denial, suspension, cancellation, reduction, modification, or revocation of a license will remain effective and enforceable.
5. (5) Any person denied a license under the provisions of this subchapter, or whose license has been denied, suspended, canceled, reduced, modified, or revoked may request a hearing as provided in ARM 37.5.304, 37.5.305, 37.5.307, 37.5.310, 37.5.313, 37.5.316, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, and 37.5.337.
6. (6) Nothing in these rules precludes the department from utilizing provisions of the Montana Administrative Procedure Act, including but not limited to summary suspension under 2-4-631(3), MCA.

Authorizing statute(s): 52-2-803, 52-2-805, MCA

Implementing statute(s): 52-2-804, 52-2-805, 52-2-806, 52-2-807, 52-2-808, 52-2-809, 52-2-810, 52-2-811, MCA, NEW, 2019 MAR p. 2029, Eff. 11/9/19.

History: