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(2) After receivership is established, the department may recommend to the court that all residents be relocated and the nursing home closed when:
(a) Problems exist in the physical condition of the premises which cannot be corrected in an economically prudent manner; or
(b) The department determines the former licensee or owner:
(i) Is unwilling or unable to manage the nursing home in a manner ensuring residents' health, safety, and welfare; and
(ii) Has not entered into an enforceable agreement to sell the nursing home within three months of the court's decision to grant receivership.