13-42-134. Suspension, revocation, or nonrenewal of registration.
(1) In this section, "insolvent" means:
(a) having generally ceased to pay debts in the ordinary course of business other than as a
result of good-faith dispute;
(b) being unable to pay debts as they become due; or
(c) being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. Section
101 et seq.
(2) The administrator may suspend, revoke, or deny renewal of a provider's registration
if:
(a) a fact or condition exists that, if it had existed when the registrant applied for
registration as a provider, would have been a reason for denying registration;
(b) the provider has committed a material violation of this chapter or a rule or order of
the administrator under this chapter;
(c) the provider is insolvent;
(d) the provider or an employee or affiliate of the provider has refused to permit the
administrator to make an examination authorized by this chapter, failed to comply with
Subsection 13-42-132(2)(b) within 15 days after request, or made a material misrepresentation or
omission in complying with Subsection 13-42-132(2)(b); or
(e) the provider has not responded within a reasonable time and in an appropriate manner
to communications from the administrator.
(3) If a provider does not comply with Subsection 13-42-122(6) or if the administrator
otherwise finds that the public health or safety or general welfare requires emergency action, the
administrator may order a summary suspension of the provider's registration, effective on the
date specified in the order.
(4) If the administrator suspends, revokes, or denies renewal of the registration of a
provider, the administrator may seek a court order authorizing seizure of any or all of the money
in a trust account required by Section 13-42-122, books, records, accounts, and other property of
the provider which are located in this state.
(5) If the administrator suspends or revokes a provider's registration, the provider may
appeal and request a hearing pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 01, 2008