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20-10-907. Emergency appointment.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-907. Emergency appointment.
(a) If the complaint filed under § 20-10-905 is filed by the Department of Human Services and alleges that grounds set out in § 20-10-904(1) or § 20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner, licensee, or administrator.
(b) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances. The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court.
(c) Upon appointment of a temporary receiver, the department shall proceed immediately to obtain service as provided in § 20-10-905(d).
(d) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-907
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:20-10-907
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c311505b507ce2a64a55435f2abce7229fa0f59cf792bdd9dfbe8d65db83a02a
Source location: content.xml paragraph 6294
Stored source content
20-10-907. Emergency appointment.
(a) If the complaint filed under § 20-10-905 is filed by the Department of Human Services and alleges that grounds set out in § 20-10-904(1) or § 20-10-904(2) exist within a facility and is accompanied by a verified affidavit setting forth facts which would constitute such a ground, a temporary receiver shall be appointed with or without notice to the owner, licensee, or administrator.
(b) The temporary appointment of a receiver without notice to the owner, licensee, or administrator may be made only if the court is satisfied that the department has made a diligent attempt to provide reasonable notice under the circumstances. The delivery of a copy of the complaint to the facility upon filing shall constitute reasonable notice for issuance of a temporary receivership order by the court.
(c) Upon appointment of a temporary receiver, the department shall proceed immediately to obtain service as provided in § 20-10-905(d).
(d) If the department does not proceed with the complaint, the court shall dissolve the temporary receivership after ten (10) days.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-904. Grounds for appointment.
The following circumstances shall be grounds for the appointment of a receiver to operate a long-term care facility:
(1) An emergency exists in a facility which threatens the health, security, or welfare of residents;
(2) A facility is in substantial or habitual violation of the standards of health, safety, or resident care established under state rules or federal regulations to the detriment of the welfare of the residents;
(3) A facility intends to close but has not arranged at least thirty (30) days before closure for the orderly transfer of its residents;
(4) The facility is insolvent; and
(5) The Department of Human Services has suspended, revoked, or refused to renew the existing license of the facility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-904
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-904. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-905. Petition for receivership.
(a) The Department of Human Services, Attorney General, or prosecuting attorney or duly appointed deputy prosecuting attorney of the district in which the facility is located may file a complaint in the circuit court of the county in which the facility is located requesting the appointment of a receiver.
(b) A complaint for appointment of a receiver pursuant to this subchapter shall have precedence and priority over any civil case pending in the circuit court in which the complaint is filed.
(c) The court shall hold a hearing on the complaint within five (5) days of the filing of the complaint.
(d) The complaint and notice of hearing shall be served on the owner and administrator or licensee of the facility. In cases when the department is not the plaintiff in the action, a copy of the complaint and notice shall be forwarded by mail to the Secretary of the Department of Human Services by the plaintiff.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-905
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-905. This identifies an authority to review, not proof of applicability.