State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-125

§ 131E‑125. Revocation of a license.

(a)        The Department shall have the authority to revoke a licenseissued pursuant to G.S. 131E‑102 in any case where it finds that therehas been a substantial failure to comply with the provisions of this Part orany failure that endangers the health, safety or welfare of patients.

A revocation shall be effected by mailing to the licensee by registeredmail, or by personal service of, a notice setting forth the particular reasonsfor such action. Such revocation shall become effective 20 days after themailing or service of the notice, unless the applicant or licensee, within such20‑day period, files a petition for a contested case, in which case thenotice shall be deemed to be suspended. At any time at or prior to the hearing,the Department may rescind the notice of revocation upon being satisfied thatthe reasons for the revocation have been or will be removed.

(b)        In the case of a nursing home operated by a hospital whichis licensed under Article 5 of G.S. Chapter 131E, when the Department of Healthand Human Services finds that there has been a substantial failure to complywith the provisions of this Part, it may issue an order preventing thecontinued operation of the home.

Such order shall be effected by mailing to the hospital by registeredor certified mail, or by personal service of, a notice setting forth theparticular reasons for such action. Such order shall become effective 20 daysafter the mailing of the notice, unless the hospital, within such 20‑dayperiod, files a petition for a contested case, in which case the order shall bedeemed to be suspended. At any time at or prior to the hearing, the Departmentof Health and Human Services may rescind the order upon being satisfied thatthe reasons for the order have been or will be removed. (1977, c. 897, s. 1; 1983, c. 143, s. 3; c. 775, s. 1;1987, c. 827, s. 251; 1997‑443, s. 11A.118(a).)