§ 25-16.1-02 — Conditions for appointment of receiver

North Dakota § 25-16.1-02

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-16.1: Receivers for Developmentally Disabled Facilities

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When the department has revoked the license of a provider agency, or when the operator of
a provider agency has requested, the department may file a petition with the district court to
place the provider agency under the control of a receiver if necessary to protect the health or
safety of clients at the provider agency. The court may grant the petition upon a finding that the
health or safety of the clients at the provider agency would be seriously threatened if a condition
existing at the time the petition was filed is permitted to continue. Such a finding may be based
upon evidence concerning the physical plant, the program and services offered by the provider
agency, but not solely upon evidence that a provider agency:
1. Has been denied a license to operate as a provider agency, or has had a previously
issued license revoked; or
2. Has been denied certification as an intermediate care facility for individuals with
intellectual disabilities, or has lost or had revoked such certification.