R432-3-8. Immediate Closure of Facility

  (1) The Department may order the immediate closure of any licensed or unlicensed health facility or agency when the health, safety, or welfare of the patients or residents cannot be assured pending a full formal adjudicative proceeding.

  (2) The provisions for an emergency adjudicative proceeding as provided in section 63G-4-502 shall be followed.

  (3) If the Department determines to close a facility or agency, it shall serve an order that the facility or agency is ordered closed as of a given date. The order shall:

  (a) state the reasons the facility is ordered closed;

  (b) cite the statute or rule violated; and

  (c) advise as to the commencement of a formal adjudicative proceeding in accordance with this rule.

  (4) The Department may maintain an action in the name of the state for injunction or other process against the health facility or agency which disobeys a closure order as provided in section 26-21-15.

  (5) The Department may assist in relocating patients or residents to another licensed facility or agency.

  (6) The Department may pursue other lesser sanctions in lieu of the closure order.

  (7) The Department may, in addition to emergency closure, seek criminal penalties.