(1) The department may deny, revoke or suspend an adult foster home license by written notification to the licensee specifying the reasons for denial, revocation or suspension within 30 days of the department's determination that:

(a) the home is not in compliance with licensing requirements established by this subchapter; or

(b) the licensee has made misrepresentations to the department, either negligent or intentional; or

(c) the licensee or other persons at the home have been named as a perpetrator in a substantiated report of abuse, neglect or exploitation of an aged person or disabled adult.

(d) the licensee or other persons in the home pose a risk or threat to the safety or welfare of any resident of the home.

(2) The department must deny a license if:

(a) any adult foster care resident of the home requires physical restraint.

(b) any adult foster care resident of the home will need to be carried from the home during any emergency that requires evacuation.

(c) any adult foster care resident of the home is totally incontinent or is incontinent and unable to manage their incontinence with more than minimal supervision.

(3) If any violation of these rules by a licensee places a resident in imminent risk of injury or harm, the license may be immediately revoked.

(4) If the department finds that a current licensee who is operating an adult foster care home is out of compliance with the standards set forth in these rules, the department will not revoke or deny renewal of the license if all the following conditions are met:

(a) the standards out of compliance do not eminently threaten the life or health of the residents;

(b) the standards out of compliance can be corrected within 30 days;

(c) the licensee submits a written correction plan within 15 days of the department's notification of noncompliance specifying how compliance will be made within 30 days; and

(d) the department approves the correction plan.