Section 390.170 Denial of Initial License

Section 390

Section 390.170  Denial of

Initial License

a)         A determination by the Director or his designee to deny the

issuance of an initial license shall be based on a finding that one or more of

the criteria outlined in Section 390.165 or the following criteria are met.

1)

The applicant, any member of the firm, partnership, or

association which is the applicant, any officer or stockholder of the

corporation which is the applicant, or the person designated to manage or

supervise the facility has been convicted

of any of the following crimes

during

the previous five years.

Such convictions shall be verified by

a

certified copy of the record of the court of conviction

.

A)

A felony

.

B)

Two or more misdemeanors involving moral turpitude

.

(Section 3-117(2) of the Act)

2)         Prior license revocation.  Both of the following conditions

must be met:

A)        The license of a facility under this Act has been

revoked

during the past five years

, which was owned or operated

by the

applicant, by a controlling owner of the applicant, by a controlling

combination of owners of the applicant, or by an affiliate who is a controlling

owner of the applicant.

Operation for the purposes of this provision shall

include individuals with responsibility for the overall management, direction,

or supervision of the facility.

B)

Such prior revocation renders the applicant unqualified or

incapable of maintaining a facility in accordance with the minimum standards

set forth in the Act or in this Part

.  This determination will be based on

the applicant's qualifications and ability to meet the criteria outlined in

Section 390.165(b) as evidenced by the application and the applicant's prior

history.  (Section 3-117(5) of the Act)

b)         The Department shall notify an applicant

immediately upon

denial of any application

.  Such notice shall be

in writing

and

shall include:

1)

A clear and concise statement

of the basis of the

denial

plicant's qualifications and ability to meet the criteria outlined in

Section 390.165(b) as evidenced by the application and the applicant's prior

history.  (Section 3-117(5) of the Act)

b)         The Department shall notify an applicant

immediately upon

denial of any application

.  Such notice shall be

in writing

and

shall include:

1)

A clear and concise statement

of the basis of the

denial.  The statement shall include a citation to the provisions of Section

3-117 of the Act and the provisions of this Part under which the application is

being denied.

2)         A description of

the right of the applicant to appeal the

denial of the application

and the right to a hearing.  (Section 3-118 of

the Act)