Denial or revocation

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  • (a) If the Department finds that a facility does not comply with the provisions of this chapter, the Department standards, Department rules and regulations, or the specific terms of a license or certification, it must deny or revoke the license or certification of approval.

  • (b) The Department must notify the person operating or proposing to operate the facility of the reasons for the denial or revocation and the person's right of appeal within 20 days of receipt of the Department's notification.

  • (c) If the person wishes to appeal, he must notify the Department by certified mail within 20 days and must state in the notification the reasons against denial or revocation.

  • (d) The Board of Social Welfare shall hear the appeal within four weeks, shall render its decision within one week after the hearing, and shall notify by certified mail the person of its decision.

  • (e) Within 20 days after receipt of the Board of Social Welfare's decision, the person whose license has been denied or revoked may challenge the decision in a suit filed in the Superior Court of the Virgin Islands. The trial shall be de novo.

  • (f) On request by a person challenging a Department decision in a court suit, the Department shall supply him with a copy of the verbatim transcript of his Board of Social Welfare hearing, at his expense. Records of the hearing shall be kept for one year after a final decision is rendered.

  • (g) Unless the Department uses the procedures set forth in section 384 of this chapter, a person may continue to operate a facility during an appeal of the denial or revocation of its license.


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