Haw. Code R. § 11-148.1-13 - Denial of application for or renewal of certificate of approval

(a) The certifying agency may deny an application for or renewal of a certificate of approval for any of the following reasons:

(1) Failure to meet any provision of this chapter;

(2) Submission of misleading, incorrect, false or fraudulent information;

(3) An applicant, certified caregiver, substitute caregiver, or household member has a background history that the department finds would pose a risk to the health, safety, or welfare of adults with I/DD; or

(4) Any other reason that serves the purpose of this chapter or section 321-11.2, HRS.

(b) If the certifying agency denies an application for or renewal of a certificate of approval, the certifying agency shall send written notification by certified mail to the applicant or certified caregiver, including the reason for the denial.

(c) An individual aggrieved by a decision made pursuant to this section shall have the right to appeal the certifying agency's decision. The decision to deny an application for or a renewal of a certificate of approval shall become final thirty days upon receipt of the notice of denial or revocation unless within those thirty days the applicant requests in writing a hearing in accordance with this chapter.

Notes

Haw. Code R. § 11-148.1-13

[Eff 8/2/2021] (Auth: HRS §§ 321-9, 321-11.2) (Imp: HRS § 321-11.2; 42 C.F.R. § 441.301)