§ 23-16-06 — Authority to issue, deny, suspend, or revoke licenses

1. The department of health and human services shall issue licenses for the operation of
institutions subject to this chapter which are found to comply with the provisions of this
chapter and rules adopted by the department. The department of health and human
services may suspend or revoke licenses issued hereunder on any of the following
grounds:
a. Violation of any of the provisions of this chapter or the rules and regulations
promulgated pursuant thereto.
b. Permitting, aiding, or abetting the commission of any unlawful act.
c. Conduct or practices detrimental to the health or safety of patients and
employees of said institutions; provided that this provision may not be construed
to have any reference to practices authorized by law; and provided further that no
license may be suspended or revoked for any trivial violation.
2. No application for a license may be denied, or any licenses suspended or revoked,
except after a written notice to the applicant or licensee, served by registered or
certified mail, which notice must concisely state the grounds for such denial or for such
proposed suspension or revocation.