AUTHORITY The following rules and regulations for the - Arkansas ...

The Department is empowered to deny, suspend or revoke a license on any of the following
grounds:
a. Violations of any of the provisions of Arkansas Code Annotated § 20-10-
201, et. seq., pursuant to licensing authority.
b. Permitting, aiding or abetting the commission of any unlawful act in
connection with the operation of a residential long term care facility.
c. Non-compliance with inspections conducted pursuant to applicable
federal, state, county or municipal laws, rules, regulations or ordinances.
d. Failure to make available all records necessary to satisfy licensure
requirements or denial of admission or access to representatives or agents
of the Department for purposes of licensure inspection or investigation.
e. Accepting and retaining residents for whom the facility cannot provide
services as defined in Section 309.1.1 of these regulations.
207 NOTICE AND PROCEDURE ON HEARING PRIOR TO DENIAL, SUSPENSION
OR REVOCATION OF A LICENSE
Procedures for appeal to the Long Term Care Facility Advisory Board are incorporated in these
regulations as Appendix A.
208 APPEALS TO COURT
Any applicant or licensee who considers himself/herself injured in his/her person, business or
property by final Department administrative adjudication shall be entitled to judicial review
thereof as provided for by law. Proceedings for review shall be initiated by filing a petition in
the Circuit Court of any county in which the petitioner does business or in the Circuit Court of
Pulaski County within 30 days after service upon the petitioner of the Department's final
decision. All petitions for judicial review shall be in accordance with the Arkansas
Administrative Procedure Act as codified at Arkansas Code Annotated § 25-15-201 et seq.
209 COMPLIANCE
An initial license will not be issued until an owner has demonstrated to the satisfaction of the
Department that the facility is in compliance with the licensing standards set forth in these
regulations.
210 NON-COMPLIANCE
When non-compliance with licensing standards is detected during survey inspection or
investigation, the licensee will be notified of the violations. A plan of correction will be
requested. The plan of correction must be submitted to the Department within 10 days of receipt
of the notice and must establish the means by which the violation will be corrected and a
timetable for implementation of the corrections. If an item of non-compliance that affects the
R. 08/01/07
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