23-27.2-03. Licensee evaluation - Notice.

1. The department shall identify and evaluate licensees that have: a. A substantial likelihood to fail to comply with federal or state law or regulation; b. Indicated an intention to cease operation or change licensure level within sixty days; or c. Indicated a substantial likelihood of failure to respond to requests for service.

2. Upon identification of a licensee that meets the criteria under subsection 1, the department may provide notice, in accordance with subsection 3, to the licensee by first-class mail. If provided, the notice must be sent to the: a. Licensee; b. Service leader of record; c. Medical director of record; and d. Political subdivision that has jurisdiction over the licensee, if applicable.

3. The notice must include: a. The deadline for the licensee to respond in accordance with section 23-27.2-04; b. A detailed description of the circumstances of the licensee under subsection 1; c. The proposed corrective action that must be taken by the licensee; and d. Any resources available to the licensee to assist in taking corrective action.