10.12.04.43

.43 Sanctions.

A. If the Department determines that a deficiency or deficiencies exist, the Secretary may impose sanctions against the licensee.

B. The Secretary may impose the following sanctions, as appropriate:

(1) Direct the licensee to correct the deficiencies in a specific manner or within a specific time frame, or both;

(2) Require the center to use the services of a management firm that is approved by the Department;

(3) Mandate staffing patterns that specify the number of personnel or personnel qualifications, or both;

(4) Appoint a State monitor, as described in Regulation .44 of this chapter;

(5) Restrict the number of participants that a center may admit;

(6) Impose a civil money penalty;

(7) Impose emergency suspension of license; and

(8) Deny or revoke a license.

C. If the Secretary determines that the licensee has violated a condition or requirement of an imposed sanction the Secretary may revoke the license.

D. Grievances.

(1) A licensee that is aggrieved by the imposition of a sanction under §B(4)—(8) or C of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .53 of this chapter.

(2) A licensee that is aggrieved by the imposition of a sanction under §B(2) and (3) of this regulation may request a show cause hearing before the Director of the Office of Health Care Quality to show cause why these remedies should not be enforced.