§ 25-22. Admissions restrictions; revocation or suspension generally.

(a) If the director determines that a life-threatening, health or fire safety deficiency exists in a nursing or care home, the director may immediately restrict new admissions for not more than a thirty-day period.

(b) If the director should take action to restrict new admissions to a nursing or care home, the director shall, as far in advance of the action as practicable, advise the secretary of the state department of health and mental hygiene that such action is being contemplated, in order to facilitate coordination of state and county regulatory activities. The secretary shall have the right to participate as a party in any administrative or judicial proceeding by the county to restrict new admissions.

(c) In the event the director imposes a restriction on admissions pursuant to this section, the institution shall take steps to correct the deficiency within twenty-one (21) days.

(d) The director may revoke or suspend any license issued under this article upon finding that the institution is in violation of any provisions of this chapter or in violation of any of the applicable provisions of the building, electrical or plumbing codes, the fire prevention code or of the applicable standards as established by the state and county board of health for health, safety, welfare and physical requirements of the patients. Any cause for denial of a license or for the refusal to renew a license shall also be a cause for revocation or suspension of a license. Any such revocation or suspension shall be by written order directed to or served upon the director, administrator or upon any person in charge of the institution in the manner prescribed in section 25-17. Any such notice of revocation or suspension shall require the holder of the license to appear before the director and show cause why the license should not be revoked or suspended as herein provided.

(e) If the director decides to suspend or revoke the license of a nursing or care home, the director shall notify the secretary of the state department of health and mental hygiene of his intention to suspend or revoke the license and the reasons therefor. The secretary shall be notified prior to the time notice of the county's intention to suspend or revoke the license is given to the institution. The director may proceed with the proposed suspension or revocation unless the secretary shall disapprove such action within fourteen (14) days of notice of the proposed action. In the event of disapproval of the proposed action, the secretary shall state his reasons for the disapproval in writing. There shall be no appeals by any party from the secretary's disapproval. (Mont. Co. Code 1965, § 89-21; 1972 L.M.C., ch. 16, § 13; 1983 L.M.C., ch. 20, § 2.)