Hearings and Judicial Review

10 GCA § 7123 — under Nursing Homes.

10 GCA § 7123

(a) No nursing home license may be suspended, revoked, denied or renewal denied without a hearing, if requested by the licensee, on due notice, except that the Department of Public Health and Social Services may suspend any such license prior to hearing when it finds that the health or safety of patients requires such action on an emergency basis. (b) Except for rules and regulations made to implement Subsection (c) of this Section, no standards, rule, regulation, amendment or revision thereof having the force of law as provided in Section 8 of this Chapter shall be issued prior to a public hearing thereon, held on due notice, and consideration of the record of such hearing by the Department of Public Health and Social Services. (c) Transcripts of such hearings shall be available to those entitled to receive the same upon payment of reasonable cost therefor in accordance with rules and regulations of the Department of Public Health and Social Services. (d) Any action of the Department of Public Health and Social Services taken pursuant to this Chapter shall be reviewable as provided in the Administrative Adjudication Law. SOURCE: GC § 9955.22. NOTE: The reference in Subsection (b) of § 7123 to "Section 8" appears here as in P.L. 12-204, as compiled in the 1974 Supplement to the Government Code, and is due to an error in converting the numbering in the original bill to code section numbering. It would appear that the intended section number is § 7108, (9955.7 in the Government Code).

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