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§ 3205. Revocation of certificate of authority

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 40 P.S. Insurance

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 40 P.S. Insurance (Refs & Annos)
Chapter 12. Continuing-Care Provider Registration and Disclosure Act (Refs & Annos)
40 P.S. § 3205
§ 3205. Revocation of certificate of authority
Currentness
(a) The certificate of authority of a provider shall remain in effect until revoked after notice and hearing, upon written findings of fact by the commissioner, that the provider has:
(1) willfully violated any provision of this act or of any rule, regulation or order adopted hereunder;
(2) failed to file an annual disclosure statement or resident agreement as required by this act;
(3) failed to deliver to prospective residents the disclosure statements required by this act;
(4) delivered to prospective residents a disclosure statement which makes an untrue statement or omits a material fact and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission; or
(5) failed to comply with the terms of a cease and desist order.
(b) Findings of fact in support of revocation, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(c) If the commissioner finds good cause to believe that the provider has been guilty of a violation for which revocation could be ordered, the commissioner may first issue a cease and desist order. If the cease and desist order is not or cannot be effective in remedying the violation, the commissioner may, after notice and hearing, order that the certificate of authority be revoked and surrendered. Such a cease and desist order may be appealed to the Commonwealth Court.

Credits

1984, June 18, P.L. 391, No. 82, § 5, effective in 6 months.
40 P.S. § 3205, PA ST 40 P.S. § 3205
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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