Notice of proposal to revoke or refuse to renew
15. (1) Where the Director proposes to refuse to issue or renew or to revoke a licence under this Act, the Director shall serve notice of the proposal, together with written reasons therefor, on the applicant or licensee. R.S.O. 1990, c. N.7, s. 15 (1). Notice requiring hearing (2) A notice under subsection (1) shall inform the applicant or licensee that the person is entitled to a hearing by the Appeal Board if the person mails or delivers, within fifteen days after the notice under subsection (1) is served on the person, notice in writing requiring a hearing to the Director and the Appeal Board. R.S.O. 1990, c. N.7, s. 15 (2); 1998, c. 18, Sched. G, s. 66 (11). Idem (3) A licensee who requires a hearing shall provide proof with the notice requiring a hearing that the licensee has mailed or delivered to the residents’ council and has posted in a prominent place in the nursing home a copy of the Director’s notice with written reasons therefor and a copy of the notice requiring a hearing. R.S.O. 1990, c. N.7, s. 15 (3). Powers of Director where no hearing (4) Where an applicant or licensee does not require a hearing by the Appeal Board in accordance with subsection (2), the Director may carry out the proposal stated in the notice under subsection (1). R.S.O. 1990, c. N.7, s. 15 (4); 1998, c. 18, Sched. G, s. 66 (11). Powers of Appeal Board where hearing (5) Where an applicant or licensee requires a hearing by the Appeal Board in accordance with subsection (2), the Appeal Board shall appoint a time for and hold the hearing and, on the application of the Director at the hearing, may by order direct the Director to carry out his or her proposal or refrain from carrying out the proposal and to take such action as the Appeal Board considers the Director ought to take in accordance with this Act and the regulations, and for such purposes the Appeal Board may substitute its opinion for that of the Director. R.S.O. 1990, c. N.7, s. 15 (5); 1998, c. 18, Sched. G, s. 66 (11). Opportunity to comply (6) Where the Appeal Board is required to hold a hearing, it shall proceed forthwith to hold the hearing unless the licensee satisfies the Appeal Board that the licensee has not been given a reasonable opportunity to comply with all the lawful requirements for the issue or retention of the licence, that it would be just and reasonable to give the licensee that opportunity and that delaying the hearing will not adversely affect the health, safety or welfare of the residents. R.S.O. 1990, c. N.7, s. 15 (6); 1998, c. 18, Sched. G, s. 66 (11). Extension of time for requiring hearing (7) The Appeal Board may extend the time for the giving of notice requiring a hearing by an applicant or licensee under this section either before or after expiration of such time where it is satisfied that there are apparent grounds for granting relief to the applicant or licensee following upon a hearing and that there are reasonable grounds for applying for the extension and the Appeal Board may give such directions as it considers proper consequent upon the extension. R.S.O. 1990, c. N.7, s. 15 (7); 1998, c. 18, Sched. G, s. 66 (11). Continuation of licence pending renewal (8) Where, within the time prescribed therefor or, if no time is prescribed, before the expiry of the licence, a licensee has applied for renewal of a licence and paid the fee established by the Minister, the licence shall be deemed to continue, (a) until the renewal is granted; or (b) where the licensee is served with notice that the Director proposes to refuse to grant the renewal, until the time for giving notice requiring a hearing by the Appeal Board has expired and, where a hearing is required, until the Appeal Board has made its decision. R.S.O. 1990, c. N.7, s. 15 (8); 1997, c. 15, s. 13 (2); 1998, c. 18, Sched. G, s. 66 (11). Exception for competition (9) This section does not apply to an applicant seeking the issue or the undertaking for the issue of a licence where in the Director’s opinion another applicant better meets the Director’s conditions for the issue of the licence. R.S.O. 1990, c. N.7, s. 15 (9). Rules concerning hearings