§ 58-64-10. Revocation of license. - North Carolina Statutes

§58‑64‑10.  Revocation of license.

(a)        The license of aprovider shall remain in effect until revoked after notice and hearing, uponwritten findings of fact by the Commissioner, that the provider has:

(1)        Willfully violatedany provision of this Article or of any rule or order of the Commissioner;

(2)        Failed to file anannual disclosure statement or standard form of contract as required by thisArticle;

(3)        Failed to deliver toprospective residents the disclosure statements required by this Article;

(4)        Delivered toprospective residents a disclosure statement that makes an untrue statement oromits a material fact and the provider, at the time of the delivery of thedisclosure statement, had actual knowledge of the misstatement or omission;

(5)        Failed to complywith the terms of a cease and desist order; or

(6)        Has been determinedby the Commissioner to be in a hazardous financial condition.

(b)        Findings of fact insupport of revocation shall be accompanied by an explicit statement of theunderlying facts supporting the findings.

(c)        If the Commissionerhas good cause to believe that the provider is guilty of a violation for whichrevocation could be ordered, the Commissioner may first issue a cease anddesist order.  If the cease and desist order is not or cannot be effective inremedying the violation, the Commissioner may, after notice and hearing, orderthat the license be revoked and surrendered.  Such a cease and desist order maybe appealed to the Superior Court of Wake County in the manner provided by G.S.58‑63‑35.  The provider shall accept no new applicant funds whilethe revocation order is under appeal. (1989, c. 758, s. 1.)