- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 32. Centralized Licensing and Related Administrative Procedures
- Section 130. Enforcement Action: Immediate Revocation or Suspension.
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. Enforcement Actions.
AS 47.32.130. Enforcement Action: Immediate Revocation or Suspension.
- (a) If the department's report of investigation or inspection under AS 47.32.120 concludes that the department has reasonable cause to believe that
a violation of an applicable statute or regulation has occurred that presents an immediate danger to the health, safety, or welfare of
an individual receiving services from the entity, the department, without an administrative hearing and without providing an opportunity
to cure or correct the violation, may immediately revoke or suspend the entity's license or, if the entity is not licensed under this
chapter, may revoke the entity's ability to become licensed under this chapter or to provide services as an entity exempted under this
chapter. A suspension or revocation under this subsection takes effect immediately upon initial notice to the entity from the department,
is in addition to any enforcement action under AS 47.32.140 , and continues until a final determination under (c) of this
section or AS 47.32.150 .
- (b) Notice under this section shall be provided as follows:
- (1) the department shall provide initial notice to the entity at the time the department determines that an
immediate suspension or revocation is required; initial notice may be oral, except that, if an entity representative is not present at
the entity, the department shall post written notice on the front door of the entity; the initial notice must provide information
regarding the entity's appeal rights;
- (2) the department shall provide formal written notice to the entity within 14 working days after the immediate
revocation or suspension decision; formal written notice must include
- (A) a copy of the department's report under AS 47.32.120 , a statement of the entity's right to submit a written response to
the report, and any department requirement that the entity submit a written response to the report;
- (B) a description of any enforcement action the department intends to take under AS 47.32.140 (d) or (f); and
- (C) information regarding the entity's appeal rights.
- (c) An entity to which a notice has been provided under this section may appeal the department's decision to
impose the enforcement action, including an enforcement action the department intends to take under AS 47.32.140 (d) or (f), by filing a written request for a hearing, on a form
provided by the department, within 15 days after receipt of the notice. If a hearing is not timely requested under this subsection, the
department's notice constitutes a final administrative order for which the department may seek the court's assistance in enforcing.
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