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Division 1, General Information

92.151 When may DHS take an enforcement action?

92.152 What enforcement actions may DHS take?

Division 2, Actions Against a License: Suspension

92.201 When may DHS suspend a facility's license?

92.202 Does DHS provide notice of a license suspension and the opportunity for a hearing to the applicant, license holder, or a controlling person?

92.203 May DHS suspend a license at the same time another enforcement action is occurring?

92.204 How does DHS notify a license holder of a proposed suspension?

92.205 What information does DHS provide the license holder concerning a proposed suspension?

92.206 Does the license holder have an opportunity to show compliance with all requirements for keeping the license before DHS begins proceedings to suspend a license?

92.207 How does a license holder request an opportunity to show compliance?

92.208 How much time does a license holder have to request an opportunity to show compliance?

92.209 What must the request for an opportunity to show compliance contain?

92.210 How does DHS conduct the opportunity to show compliance?

92.211 Does DHS give the license holder a written affirmation or reversal of the proposed action?

92.212 How does DHS notify a license holder of its final decision to suspend a license?

92.213 May the facility request a formal hearing?

92.214 How long does a license holder have to request a formal hearing?

92.215 If a license holder does not appeal, when does the suspension take effect?

92.216 If a license holder appeals, when does the suspension take effect?

92.217 May a facility operate during a suspension?

92.218 How long is the suspension?

92.219 How does DHS decide to remove the suspension?

92.220 Must the license be returned to DHS during a license suspension?

Division 3, Actions Against a License: Revocation

92.251 When may DHS revoke a license?

92.252 Does DHS provide notice of a license revocation and opportunity for a hearing to the applicant, license holder, or controlling person?

92.253 May DHS take more than one enforcement action at a time against a license?

92.254 How will DHS notify a license holder of a proposed revocation?

92.255 What information does DHS provide the license holder concerning a proposed revocation?

92.256 Does the license holder have an opportunity to show compliance with all requirements for keeping the license before DHS begins proceedings to revoke a license?

92.257 How does a license holder request an opportunity to show compliance?

92.258 How much time does a license holder have to request an opportunity to show compliance?

92.259 What must the request for the opportunity to show compliance contain?

92.260 How does DHS conduct the opportunity to show compliance?

92.261 Does DHS give the license holder a written affirmation or reversal of the proposed action?

92.262 Does the license holder have an opportunity for a formal hearing?

92.263 How long does a license holder have to request a formal hearing?

92.264 When does the revocation take effect if the license holder does not appeal?

92.265 When does the revocation take effect if the license holder appeals the revocation?

92.266 May a facility operate during a revocation?

92.267 What happens to a license if it is revoked?

Division 4, Actions Against a License: Temporary Restraining Orders and Injunctions

92.301 Why would DHS refer a facility to the Office of the Attorney General or local prosecuting authority for a temporary restraining order or an injunction?

92.302 To whom does DHS refer a facility that is operating without a license?

Division 5, Actions Against a License: Emergency License Suspension and Closing Order

92.351 When may DHS suspend a license or order an immediate closing of all or part of a facility?

92.352 How does DHS notify a facility of a license suspension or immediate closing of all or part of a facility?

92.353 When does an order suspending a license or closing all or part of a facility go into effect?

92.354 How long is an order suspending a license or closing all or part of a facility valid?

92.355 May a license holder request a hearing?

92.356 Where can a license holder find information about administrative changes?

92.357 Does a request for an administrative hearing suspend the effectiveness of the order?

92.358 Does anything happen to a resident's rights or freedom of choice during an emergency relocation?

92.359 Who does DHS notify if all or part of a facility is closed?

92.360 Who must a facility notify if all or part of the facility is closed?

92.361 Who decides where to relocate a resident?

92.362 Who arranges the relocation?

92.363 Is a resident's preference considered?

92.364 What requirements must the facility a resident chooses for relocation meet?

92.365 Is a receiving facility allowed to temporarily exceed its licensed capacity?

92.366 Under what conditions is a receiving facility allowed to temporarily exceed its licensed capacity?

92.367 What requirements must a facility meet to obtain a temporary waiver?

92.368 How long can a facility have a temporary waiver?

92.369 Does DHS monitor a facility with a temporary waiver?

92.370 What records, reports, and supplies are sent to the receiving facility for transferred residents?

92.371 May a resident return to the closed facility if it reopens within 90 calendar days?

92.372 Do the relocated residents have any special admission rights at the closed facility?

92.373 What options does a relocated resident have?

92.374 Are relocated residents who return to the facility considered new admissions?

Division 6, Actions Against a License: Civil Penalties

92.401 When may DHS refer a facility to the Office of the Attorney General for assessment of civil penalties?

92.402 What is the amount of the civil penalty that can be assessed for operating without a license?

Division 7, Trustees: Involuntary Appointment of a Trustee

92.451 When may DHS petition a court for the involuntary appointment of a trustee to operate a facility?

92.452 When may DHS disburse emergency assistance funds?

92.453 Must a facility reimburse DHS for emergency assistance funds?

92.454 When is reimbursement for emergency assistance funds due to DHS?

92.455 Who is responsible for reimbursement?

92.456 What happens if a facility does not reimburse DHS in one year?

Division 8, Trustees: Appointment of a Trustee by Agreement

92.501 May a facility request the appointment of a trustee to assume operation of a facility?

92.502 Who may make the request?

92.503 What are the requirements for a trustee agreement?

92.504 When does an agreement for a trustee terminate?

92.505 What happens if the controlling person wants to terminate the agreement, but DHS determines termination of the agreement is not in the best interest of the residents?

92.506 When DHS appoints a trustee, is the facility always required to pay assessed civil money penalties?

Division 9, Administrative Penalties

92.551 Administrative Penalties

Division 10, Arbitration

92.601 Arbitration