(1)Upon denial of an application for an original license or registration, the department
shall notify the applicant in writing of the denial by mailing a notice to the applicant
at the address shown on his or her application. Any applicant aggrieved by the
denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if
the applicant, within thirty days after receiving the notice of denial, petitions the
department to set a date and place for hearing, affording the applicant an
opportunity to be heard in person or by counsel. All hearings on the denial of
original licenses or registrations must be conducted in conformity with the
provisions and procedures specified in article 4 of title 24, C.R.S.
(2)(a) The department may suspend, revoke, or refuse to ren
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(1)
Upon denial of an application for an original license or registration, the department
shall notify the applicant in writing of the denial by mailing a notice to the applicant
at the address shown on his or her application. Any applicant aggrieved by the
denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if
the applicant, within thirty days after receiving the notice of denial, petitions the
department to set a date and place for hearing, affording the applicant an
opportunity to be heard in person or by counsel. All hearings on the denial of
original licenses or registrations must be conducted in conformity with the
provisions and procedures specified in article 4 of title 24, C.R.S.
(2) (a) The department may suspend, revoke, or refuse to renew the license
or registration of a home care agency or home care placement agency that is out of
compliance with the requirements of this article or the rules promulgated pursuant
to this article. Before taking final action to suspend, revoke, or refuse to renew a
license or registration, the department shall conduct a hearing on the matter in
conformance with the provisions and procedures specified in article 4 of title 24,
C.R.S.; except that the department may implement a summary suspension prior to a
hearing in accordance with article 4 of title 24, C.R.S. If the department suspends,
revokes, or refuses to renew a home care placement agency registration, the
department shall remove the home care placement agency from the registry
maintained by the department pursuant to section 25-27.5-103 (2)(a)(I).
(b) (I) The department may impose intermediate restrictions or conditions on
a licensed home care agency or registered home care placement agency that may
include at least one of the following:
(A) Retaining a consultant to address corrective measures;
(B) Monitoring by the department for a specific period;
(C) Providing additional training to employees, owners, or operators of the
home care agency or home care placement agency;
(D) Complying with a directed written plan to correct the violation; or
(E) Paying a civil fine not to exceed ten thousand dollars per calendar year
for all violations.
(II) (A) If the department imposes an intermediate restriction or condition
that is not a result of a serious and immediate threat to health or welfare, the
department shall provide written notice of the restriction or condition to the
licensed home care agency or registered home care placement agency. No later
than ten days after the date the notice is received from the department, the
licensed home care agency or registered home care placement agency shall submit
a written plan that includes the time frame for completing the plan and addresses
the restriction or condition specified.
(B) If the department imposes an intermediate restriction or condition that is
the result of a serious and immediate threat to health, safety, or welfare, the
department shall notify the licensed home care agency or registered home care
placement agency in writing, by telephone, or in person during an on-site visit. The
licensed home care agency or registered home care placement agency shall
remedy the circumstances creating harm or potential harm immediately upon
receiving notice of the restriction or condition. If the department provides notice of
a restriction or condition by telephone or in person, the department shall send
written confirmation of the restriction or condition to the licensed home care
agency or registered home care placement agency within two business days.
(III) (A) After submission of an approved written plan, a licensed home care
agency or registered home care placement agency may first appeal any
intermediate restriction or condition on its license or registration to the department
through an informal review process as established by the department.
(B) If the restriction or condition requires payment of a civil fine, the licensed
home care agency or registered home care placement agency may request, and the
department shall grant, a stay in payment of the fine until final disposition of the
restriction or condition.
(C) If a licensed home care agency or registered home care placement
agency is not satisfied with the result of the informal review or chooses not to seek
informal review, the department shall not impose an intermediate restriction or
condition on the licensed home care agency or registered home care placement
agency until after the licensed home care agency or registered home care
placement agency is afforded an opportunity for a hearing pursuant to section 24-4-105, C.R.S.
(IV) If the department assesses a civil fine pursuant to this subsection (2)(b),
the department shall transmit the fines to the state treasurer, who shall credit the
fines to the general fund.
(V) Repealed.
(3) The department shall revoke or refuse to renew the license of a home
care agency or the registration of a home care placement agency where the owner,
licensee, or registrant has been convicted of a felony or misdemeanor involving
conduct that the department determines could pose a risk to the health, safety, or
welfare of the home care consumers of the home care agency or home care
placement agency. The department may revoke or refuse to renew a license or
registration only after conducting a hearing on the matter in accordance with
article 4 of title 24, C.R.S.