Suspension, revocation or nonrenewal of registration

(a) In this section, "insolvent" means: (1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute; (2) Being unable to pay debts as they become due; or (3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq. (b) The administrator may suspend, revoke or deny renewal of a provider's registration if: (1) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration; (2) The provider has committed a material violation of this part or a rule or order of the administrator under this part; (3) The provider is insolvent; (4) The provider or an employee or affiliate of the provider has refused to permit the administrator to make an examination authorized by this part, failed to comply with § 47-18-5532(b)(2) within fifteen (15) days after request or made a material misrepresentation or omission in complying with § 47-18-5532(b)(2) ; or (5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator. (c) If a provider does not comply with § 47-18-5522(f) or if the administrator otherwise finds that the public health or safety or general welfare requires emergency action, the administrator may order a summary suspension of the provider's registration, effective on the date specified in the order. (d) If the administrator suspends, revokes or denies renewal of the registration of a provider, the administrator may seek a court order authorizing seizure of any or all of the money in a trust account required by § 47-18-5522 , books, records, accounts and other property of the provider that are located in this state. (e) If the administrator suspends or revokes a provider's registration, the provider may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. Acts 2009, ch. 469, § 1.

(a) In this section, "insolvent" means: (1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute; (2) Being unable to pay debts as they become due; or (3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq.

(1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute;

(2) Being unable to pay debts as they become due; or

(3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. § 101 et seq.

(b) The administrator may suspend, revoke or deny renewal of a provider's registration if: (1) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration; (2) The provider has committed a material violation of this part or a rule or order of the administrator under this part; (3) The provider is insolvent; (4) The provider or an employee or affiliate of the provider has refused to permit the administrator to make an examination authorized by this part, failed to comply with § 47-18-5532(b)(2) within fifteen (15) days after request or made a material misrepresentation or omission in complying with § 47-18-5532(b)(2) ; or (5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.

(1) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;

(2) The provider has committed a material violation of this part or a rule or order of the administrator under this part;

(3) The provider is insolvent;

nable time and in an appropriate manner to communications from the administrator.

(1) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;

(2) The provider has committed a material violation of this part or a rule or order of the administrator under this part;

(3) The provider is insolvent;

(4) The provider or an employee or affiliate of the provider has refused to permit the administrator to make an examination authorized by this part, failed to comply with § 47-18-5532(b)(2) within fifteen (15) days after request or made a material misrepresentation or omission in complying with § 47-18-5532(b)(2) ; or

(5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.

(c) If a provider does not comply with § 47-18-5522(f) or if the administrator otherwise finds that the public health or safety or general welfare requires emergency action, the administrator may order a summary suspension of the provider's registration, effective on the date specified in the order.

(d) If the administrator suspends, revokes or denies renewal of the registration of a provider, the administrator may seek a court order authorizing seizure of any or all of the money in a trust account required by § 47-18-5522 , books, records, accounts and other property of the provider that are located in this state.

(e) If the administrator suspends or revokes a provider's registration, the provider may appeal and request a hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.

Acts 2009, ch. 469, § 1.