Regulation detail

Pa. Code 717.12

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Pa. Code 717.12 active

Refusal or revocation of license

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
RECOVERY_RESIDENCE (100%)
Plain-English summary

This section establishes the grounds on which the Pennsylvania Department may refuse to issue or revoke a license for a drug and alcohol recovery house, including noncompliance with regulations, fraud, resident abuse, and physical safety hazards. It also sets out the procedural requirements for proposed revocation actions, including written notice by certified mail, a specified correction period, and the licensee's right to a show-cause hearing. Operators must correct identified deficiencies within the stated timeframe or face formal license denial or revocation proceedings.

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Regulation text
28 Pa. Code § 717.12 - Refusal or revocation of license 

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(a)
 The Department may revoke or refuse to issue a license for any of the following reasons: 
(1)
 Failure to comply with a directive issued by the Department.

(2)
 Violation of, or noncompliance with, this chapter.

(3)
 Failure to comply with a plan of correction approved by the Department, unless the Department approves an extension or modification of the plan of correction.

(4)
 Gross incompetence, negligence or misconduct in the operation of the drug and alcohol recovery house.

(5)
 Fraud, deceit, misrepresentation or bribery in obtaining or attempting to obtain a license.

(6)
 Lending, borrowing or using the license of another drug and alcohol recovery house.

(7)
 Knowingly aiding or abetting the improper granting of a license.

(8)
 Mistreating or abusing residents at the drug and alcohol recovery house.

(9)
 Continued noncompliance in disregard of this part.

(10)
 Operating a drug and alcohol recovery house that, by nature of its physical condition, endangers the health and safety of the public.

(b)
 If the Department proposes to revoke or refuse to issue a license, it will give written notice to the applicant or licensee by certified mail, stating the following: 
(1)
 The reasons for the proposed action.

(2)
 The specific time period for the drug and alcohol recovery house to correct deficiencies.

(c)
 If the drug and alcohol recovery house does not correct the deficiencies within the specified time, the Department will officially notify the applicant or licensee that it shall show cause why its license should not be denied or revoked under 1 Pa. Code §
35.14
 (relating to orders to show cause), and that it has a right to a hearing authorized by the Department on this question. The applicant or licensee shall file a written request within 30 days of receipt of the show cause order.

(d)
 Subsection (c) supplements 1 Pa. Code § 
35.14
.

Notes

28
 Pa. Code §
 
717.12

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