(a) If the applicable department’s report of investigation or inspection under Alaska Stat. § 47.32.120 concludes that the department with licensing authority for the entity under Alaska Stat. § 47.32.010 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 with licensing authority, 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 applicable department, is in addition to any enforcement action under Alaska Stat. § 47.32.140, and continues until a final determination under (c) of this section or Alaska Stat. § 47.32.150.
Terms Used In Alaska Statutes 47.32.130
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Statute: A law passed by a legislature.
(b) Notice under this section shall be provided as follows:
(1) the department with licensing authority 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 with licensing authority 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 applicable department’s report under Alaska Stat. § 47.32.120, a statement of the entity’s right to submit a written response to the report, and any regulatory requirement that the entity submit a written response to the report;(B) a description of any enforcement action the department with licensing authority intends to take under Alaska Stat. § 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 applicable department’s decision to impose the enforcement action, including an enforcement action the department with licensing authority intends to take under Alaska Stat. § 47.32.140 (d) or (f), by filing a written request for a hearing, on a form provided by the applicable department, within 15 days after receipt of the notice. If a hearing is not timely requested under this subsection, the notice provided under (b) of this section constitutes a final administrative order for which the applicable department may seek the court’s assistance in enforcing.
