1. (a) In the event that a violation poses an immediate and serious threat to the health or safety of the individuals, the commissioner shall suspend a provider’s approval immediately upon issuance of written notice specifying the reasons for the action.
2. (b) In the event that the commissioner suspends the approval of a provider, the suspension shall be effective from the date that the violation occurred until such time as the commissioner determines that the provider is in compliance with all applicable rules adopted by the commissioner and no longer poses an immediate and serious threat to the health or safety of the individuals served by the provider.
3. (c) At the time that the commissioner suspends the approval of a provider, the commissioner or his or her designee shall schedule a hearing to be held within 10 working days, in accordance with He-C 204.

4. (d) A hearing held pursuant to (c) above shall:

   1. (1) Have as its purpose determination of whether the provider in fact posed an immediate and serious threat to the health and safety of its individuals at the time its approval was suspended; and

   2. (2) Afford the provider an opportunity to show that:

      1. a. Since the time that its approval was suspended it has come into compliance with all applicable rules promulgated by the department and no longer poses an immediate and serious threat to the health or safety of its individuals; or
      2. b. It had never been out of compliance or had never posed an immediate and serious threat to the health or safety of its individuals.

Source. (See Revision Note at part heading for He-M 426) #5433, eff 7-2-92, EXPIRED: 7-2-98 New. #7088, eff 8-31-99; ss and moved by #8867, eff 4-13-07 (from He-M 426.20); ss by #9285, eff 9-30-08 (from He-M 426.20); ss by #11182, INTERIM, eff 9-29-16, EXPIRES: 3-28-17; renumbered by #12079 (from He-M 426.21); ss by #12154, eff 3-28-17