WAC 246-330-030   Operating without a license -- Adjudicative proceeding.  This section outlines the department's responsibility and authority over ambulatory surgical facilities that operate after July 1, 2009, without a department issued license.

     (1) The department will investigate complaints of an ambulatory surgical facility operating without a license.

     (2) Upon confirming that an ambulatory surgical facility is operating without a license, the secretary of the department may:

     (a) Issue a notice of intention to issue a cease and desist order; or

     (b) Issue a temporary cease and desist order after making a written finding of fact that the public interest will be irreparably harmed by delay in issuing the order. The temporary cease and desist order will remain in effect until further order by the secretary of the department.

     (3) The person receiving a temporary cease and desist order is entitled to a prompt hearing. Actions taken under this section are governed by the Administrative Procedure Act chapter 34.05 RCW, this chapter, and chapter 246-10 WAC.



[Statutory Authority: Chapter 70.230 RCW. 09-09-032, § 246-330-030, filed 4/7/09, effective 5/8/09.]