Revocation or Denial 660-05-45

(Revised 5/1/19 ML 3549)

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The denial of an application or the revocation of an Adult Foster Care license applies to all individuals who applied to be licensed at the facility or who are listed as providers on the license.

A license for Adult Foster Care may be denied or revoked for reasons listed below. See Sections 600-05-65-35, 600-05-65-40, and 600-05-65-45 for forms to be completed.

An applicant or provider has the right to a hearing as outlined in the letter of denial/revocation. At the hearing for denial or revocation, the evidence submitted by the Aging Services Division in support of its denial or revocation of the applicant's or provider's license must be limited to supporting only those reasons, which were given by the Aging Services Division in its original notice of denial or revocation. Therefore, it is imperative that all applicable reasons for denial or revocation be listed in the original notice.

It is the responsibility of Aging Services Division to provide the applicant or provider with instructions, forms, and assistance in filing an appeal.  

Reasons for denying or revoking a license include:

1. The premises of the facility are not in fit sanitary condition and properly equipped to provide good care.
2. The provider or substitute provider is not qualified.
3. The provider is not providing care with due regard for the health and well being of the residents.
4. The facility is not maintained according to standards prescribed by rules and regulation of the Department.
5. The license application or supporting documents contain fraudulent or misleading material information or the applicant intentionally withheld material information.
6. The provider, substitute caregiver, respite care provider, or agent of the facility is not in compliance with the rules, policies, and state statutes governing Adult Foster Care.
7. The provider fails or refuses to comply with a Correction Order.
8. The license was issued upon false, misleading, or intentionally withheld material information.
9. An applicant, licensee, caregiver, employee, or agent of the facility has been convicted of an offense determined by the Aging Services Division to have a direct bearing upon the individual’s ability to serve the public or residents of the facility.  Or, the Department determines, following conviction of any other offense, the individual is not sufficiently rehabilitated under NDCC section 12.133-02.1.