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(a) The State Board of Health is empowered to deny, suspend, or revoke licenses on any of the following grounds:
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(1) Violation of any of the provisions of this subchapter or the rules lawfully promulgated under this subchapter; or
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(2) Permitting, aiding, or abetting the commission of any unlawful act in connection with the operation of the institutions.
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(b)
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(1) If the Department of Health determines to deny, suspend, or revoke a license, it shall send to the applicant or licensee, by certified mail, a notice setting forth the particular reasons for the determination.
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(2) The denial, suspension, or revocation shall become final thirty (30) days after the mailing of the notice unless the applicant or licensee gives written notice within the thirty-day period of a desire for hearing.
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(c) Thereupon, the applicant or licensee shall be given a fair hearing and shall have the right to present such evidence as may be proper.
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(d)
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(1) On the basis of the evidence at the hearing, the determination involved shall be affirmed or set aside.
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(2) A copy of the decision, setting forth the finding of facts and the particular grounds upon which it is based, shall be sent by certified mail to the applicant or licensee.
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(3) The decision shall become final fifteen (15) days after it is mailed unless the applicant or licensee, within the fifteen-day period, appeals the decision to the court under § 20-9-216.
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(e) A full and complete record of all proceedings shall be kept and all testimony shall be reported, but it need not be transcribed unless the decision is appealed pursuant to § 20-9-216 or a transcript is requested by an interested party who shall pay the cost of preparing the transcript.
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(f) Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rules.
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(g) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the department.
