§ 20-48-208 - Board of Developmental Disabilities Services -- License for facilities and institutions required. - Arkansas Statutes

20-48-208. Board of Developmental Disabilities Services -- License for facilities and institutions required.

(a) The Board of Developmental Disabilities Services shall regulate the providing of mental retardation services by private organizations and public agencies. The board shall promulgate regulations covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.

(b) No public agency or private organization shall operate any institution or facility for the provision of mental retardation services unless it has a license in effect.

(c) The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act, 25-15-201 et seq.

(d) By appropriate proceeding in the Circuit Court of Pulaski County, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter.