1. The division shall deny an applicant's license: a. When it fails to meet the requirements of section 75-09.1-10-02. b. If the applicant has been denied, or has had revoked, the registration, accreditation, or certification required to be an opioid treatment program as set forth in subsection 22 of section 75-09.1-10-01. c. If any of the following occurred and was not resolved at a facility under the control of the applicant: (1) A license for a substance use disorder treatment service or health care agency was denied, revoked, or suspended in the past; (2) Found to have discriminated against, demonstrated cruelty, abuse, negligence, or misconduct toward, or indifference to the welfare of, a patient; (3) Misappropriation of patient property or resources; (4) Failed to meet financial obligations or contracted service commitments that affected patient care; (5) Has a history of noncompliance with state or federal regulations in providing substance abuse treatment; (6) Refused to allow the division access to records, files, books, or portions of the premises relating to operation of the substance abuse treatment program; (7) Willfully interfered with the preservation of material information or attempted to impede the work of an authorized department representative; (8) Advertised itself as licensed when a license has not been issued, or a license has been suspended or revoked; or (9) Has not demonstrated the capability to provide the appropriate services to assist patients in meeting goals, including: (a) Abstinence from opioids and opioid substitutes; (b) Obtaining mental health treatment; (c) Improving economic independence; and (d) Reducing adverse consequences associated with illegal use of controlled substances. d. If an owner or administrator of a facility under the control of the applicant: (1) Has been convicted of child abuse or has been adjudicated as a perpetrator of child abuse; (2) Has obtained or attempted to obtain a substance abuse treatment program license or health care provider license by fraudulent means or misrepresentation;

(3) Has been found guilty of, has pled guilty to, or has pled no contest to any of the offenses identified in paragraph 1 of subdivision c of subsection 1 of section 75-09.1-01-17; (4) Has been found to have discriminated against, demonstrated cruelty, abuse, negligence, or misconduct toward, or indifference to the welfare of, a patient; (5) Has misappropriated patient property or resources; (6) Has failed to meet financial obligations or contracted service commitments that affect patient care; (7) Has knowingly, or with reason to know, made a false statement of fact in the application or materials attached to the application; (8) Has knowingly, or with reason to know, made a false statement of fact or failed to submit necessary information in any matter under investigation by the division; or (9) Does not meet criminal background check requirements.