This regulation establishes the enforcement mechanism for unlicensed entities providing community mental health center services in Kansas. Upon notice from the division, an unlicensed person or agency must either apply for the required license within 60 days or cease providing those services. Failure to comply may result in a written cease-and-desist order, which can be appealed to the Kansas Office of Administrative Hearings.
View official sourceKansas Administrative Regulations Kansas Department for Children and Families Article 60.—Licensing of Community Mental Health Centers 30-60-8. Notice of need of a license; order to cease; appeal. (a) Upon the division's notice to any person or agency of the division's determination that the person or agency is providing services for which a license issued in accordance with this article is required, that person or agency shall either submit an application for the applicable license in accordance with K.A.R. 30-60-6 or cease provision of those services. (b) If any person or agency so notified fails or refuses to submit, within 60 days, an application for the applicable license but continues to provide the services, a written order addressed and delivered to that person or agency may be issued by the division, requiring the person or agency to cease provision of those services until the person or agency is licensed in accordance with this article. (c) Any order to cease provision of services may be appealed to the office of administrative hearings within the Kansas department of administration in accordance with article 7. (Authorized by K.S.A. 75-3307b ; implementing K.S.A. 39-1603 , 39-1604 (d), 39-1608 (a) and (c), 65-4434 (f), and 75-3304a ; effective July 7, 2003.) ***** Authenticated Kansas Administrative Regulation *****