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(a) Based on the department's review of a facility's performance under this chapter, including a review of information provided by the facility or by an interested person under (e) of this section, the department will revoke the facility's designation if the department determines that the facility does not substantially comply with
(1) the applicable requirements of AS 47.30.660 - 47.30.915; or
(2) the applicable requirements of this chapter, including a provision of 7 AAC 12 that is adopted by reference in 7 AAC 72.012.
(b) Except as provided in (c) of this section, and at least 30 days before the effective date of the revocation, the department will notify the administrator of the department's determination and of the department's intent to revoke the facility's designation.
(c) If the department determines that immediate revocation of a facility's designation is necessary to protect the public from a substantial and immediate threat to health or safety, the department will notify the administrator of the department's determination and that the facility's designation has been immediately revoked.
(d) The department will issue a notice under this section in writing, will specify the basis for revocation in the notice, and will state in the notice that the administrator may appeal the decision under 7 AAC 72.410 - 7 AAC 72.440. The department will hand-deliver the notice to an authorized agent of the facility or will mail the notice to the last known address of the facility's authorized agent. For the purpose of starting the 30-day period in (b) of this section, or triggering immediate revocation under (c) of this section, notice is effective upon personal delivery of the notice or on the third day after the department mails the notice, whichever occurs first. For the purposes of this subsection, the department mails a notice if the department sends that notice through the United States mail, a courier-type delivery service, a facsimile, or a telegram.
(e) An interested person may submit a request to the department, asking that the department revoke a facility's designation, and clearly stating how the facility has failed to comply with an applicable provision of AS 47.30.660 - 47.30.915 or this chapter, including a provision of 7 AAC 12 that is adopted by reference in 7 AAC 72.012. Within 14 days after receiving a request under this subsection, the department will send the interested person and the administrator of the facility written notification as to whether the department will perform a review under (a) of this section.
History: Eff. 3/30/85, Register 93; am 3/16/2001, Register 157; am 6/24/2004, Register 170
Authority: AS 47.30.660
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Last modified 7/05/2006