Ark. Code Ann. § 20-48-208: Board of Developmental Disabilities Services - License for facilities and institutions required

(a) The Board of Developmental Disabilities Services shall: (1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and (2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care. (b) A public agency or private organization shall not operate any institution or facility for the provision of intellectual and developmental disabilities services unless the private agency or private organization has a license in effect. (c) The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) By appropriate proceeding in the Pulaski County Circuit Court, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2151, eff. 7/24/2019. Amended by Act 2019, No. 1035,§ 23, eff. 7/24/2019. Acts 1969, No. 265, § 12; 1981, No. 106, § 1; A.S.A. 1947, § 59-1012.

(a) The Board of Developmental Disabilities Services shall: (1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and (2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.

(1) Regulate the providing of intellectual and developmental disabilities services by private organizations and public agencies; and

(2) Promuglate rules covering the issuance, suspension, and revocation of licenses and fixing the standards for construction, reconstruction, maintenance, and operation of institutions and facilities, or parts thereof, operated primarily for the providing of intellectual and developmental disabilities services, unless the facilities or institutions in their entirety are licensed by the Office of Long-Term Care.

(b) A public agency or private organization shall not operate any institution or facility for the provision of intellectual and developmental disabilities services unless the private agency or private organization has a license in effect.

(c) The board shall not deny a license or suspend or revoke a license unless the applicant or licensee has notice and an opportunity for a hearing. The hearing and proceedings incidental thereto shall be governed by the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) By appropriate proceeding in the Pulaski County Circuit Court, the board may enjoin the operation of any organization so long as it is not in compliance with the provisions of this subchapter.