(1) If the board determines upon reasonable belief that the holder of a certificate of approval or an agent's permit has violated or is violating any one or more of the criteria established pursuant to this article 64, the board or its authorized designee shall submit to the holder or a school's designated agent for service of process a notice of noncompliance setting forth the reasons therefor in writing. The notice shall set forth a period of time within which the applicant may submit written data, views, arguments, or information with respect to the reasons set forth in the notice and during which time the holder shall also be afforded the opportunity to eliminate the reason for the notice.
The board shall consider the written data, arguments, views, or information submitted and the steps taken by the holder to comply and shall thereafter determine upon reasonable belief whether a hearing shall be conducted for the purpose of revoking the certificate of approval or an agent's permit.
If the board has reasonable grounds to believe and finds that the holder has willfullyand deliberately violated the criteria established pursuant to this article 64 or that the public health, safety, or welfare imperatively requires emergency action and incorporates such findings in its order, it may summarily suspend the certificate of approval or agent's permit pending a hearing, which shall be promptly instituted and determined.
A certificate of approval or an agent's permit may also be revoked by the board if theholder thereof has furnished false or misleading written or oral statements, documents, or other representations to the board with the intent to mislead or conceal the truth of any matter considered by the board as a factor in approving the application for a certificate of approval or an agent's permit or for continuing in effect the certificate of approval or an agent's permit.
A certificate of approval may be revoked by the board if the holder thereof has hadits surety bond cancelled and has not replaced it within fifteen days prior to the effective date of the bond termination.
Source: L. 2017: Entire article added with relocations, (HB 17-1239), ch. 261, p. 1192, § 1, effective August 9.
Editor's note: This section is similar to former § 12-59-113 as it existed prior to 2017.