§ 8A-11. Revocation of permit.

(a)

Except as provided in subsection (b), the director may revoke any permit issued to operate a boarding home facility if the director determines that:

(1)

The permit holder intentionally made a false statement as to a material matter in the application or in a hearing concerning the permit;

(2)

The permit holder has failed to enter into a compliance agreement during a period of suspension;

(3)

A cause for suspension has occurred and the permit has already been suspended at least once within the preceding twelve (12) months;

(4)

The permit holder fails to meet the criminal history qualifications of this chapter or employs a person at the boarding home facility who fails to meet the criminal history qualifications;

(5)

Failure to comply with any provision of this chapter, any other ordinance, or any state or federal law applicable to the operation of a boarding home facility; or

(6)

Failure to implement and abide by any plan or rules for the boarding home facility required by the provisions of this chapter.

(b)

Before revoking a permit under subsection (a), the director shall notify the permit holder in writing by certified mail, return receipt requested, that the permit is being considered for revocation. The notice must include the reason for the proposed revocation, action the permit holder must take to prevent the revocation, and a statement that the permit holder has ten (10) days to comply with the notice.

(c)

If after ten (10) days from the date of the notice required in subsection (b) was delivered, the permit holder has not complied with required actions listed in the notice, the director shall revoke the permit and notify the permit holder in writing of the revocation. The notice must include the reason for the revocation and a statement informing the permit holder of the right of appeal.

(d)

If a permit has been revoked, the permit holder has ten (10) days from the date the notice was delivered or from the date of final determination on the appeal pursuant to section 8A-12, whichever is later, to relocate the residents of the facility and cease operations.

(Ord. No. 2015-9654 , § 1, 1-15-15)