[PART XXXVIIIA.  UNCERTIFIED OR UNLICENSED CARE FACILITIES]

Revision Note

  Part heading added by revisor pursuant to §23G-15.

     [§321-486]  Investigations.  Upon receiving a report that a person, corporation, or any other entity may be operating a care facility without a certificate or license as required by law and issued by the department of health, or that a home or any type of living arrangement may be operating as a care facility without a certificate or license as required by law and issued by the department, the department may conduct an investigation for the limited purposes of determining whether the person or entity is operating without a required certificate or license in accordance with the following provisions:

     (1)  The department may request access to the location indicated in the report; or

     (2)  The department may file a complaint with the district court in the circuit of the location indicated in the report, and the district court, upon a finding of probable cause, may issue a search warrant directed to the department and the appropriate county police department, if necessary, to investigate the location pursuant to this section between the hours of sunrise and sunset. [L 2018, c 148, pt of §1]