This regulation establishes the procedure by which the Kansas Department of Social and Rehabilitation Services may suspend or revoke a license issued under Article 22, which covers psychiatric hospitals, community mental health centers, and facilities for persons with intellectual/developmental disabilities. Before suspension or revocation, the agency must receive written notice of the proposed action and its reasons, and must be given an opportunity to appear and present evidence within 5–15 days of notice. If the division proceeds, it must issue a written order stating the effective date and underlying facts supporting the action. Facility operators must maintain ongoing compliance with applicable regulations and statutes to avoid license suspension or revocation.
View official sourceKansas Administrative Regulations Kansas Department for Children and Families Article 22.—Licensing of Psychiatric Hospitals; Funding of Community Mental Health Centers and Facilities for the Mentally Retarded and Facilities for Handicapped Persons 30-22-7. Revocation of license. A license may be suspended or revoked at any time that the department of social and rehabilitation services finds that the licensed agency has failed to comply with these regulations or applicable statutes. Prior to suspension or revocation of an agency's license, the division of mental health and retardation services shall send to the agency a written notification of the proposed suspension or revocation and the reasons therefor. The notice shall state whether the agency's license has been suspended pending further proceedings. Such notice shall further advise the agency that the agency may appear before the division at a specified time not less than five (5) nor more than fifteen (15) days from the date the notice is mailed to or served upon such agency and present any relevent evidence and be given an opportunity to be heard on the agency's continuing eligibility to be licensed. The division shall consider all evidence presented, including that of the agency. If the decision is to suspend or revoke the agency's license as herein provided, the division shall issue a written order of suspension or revocation setting forth the effective date of such suspension or revocation and the basic underlying facts supporting the order. (Authorized by K.S.A. 75-3307b ; effective, E-70-16, Feb. 13, 1970; effective Jan. 1, 1971; amended Jan. 1, 1974; amended May 1, 1975; amended May 1, 1979.) ***** Authenticated Kansas Administrative Regulation *****