460 IAC 2-4-24 - Disciplinary procedures; immediate suspension

Authority: IC 12-9-2-3

Affected: IC 4-21.5-4; IC 12-12-5; 20 U.S.C. 107

Sec. 24.

(a) The state licensing agency may seek from the director of the division the authority, under IC 4-21.5-4, to immediately suspend an operator agreement between the state licensing agency and a licensed manager, without a hearing prior to suspension, if the state licensing agency reasonably determines that:

(1) the:

(A) public health, safety, or welfare is in danger;

(B) permit for the BEP facility is in jeopardy; or

(C) BEP facility contract between the:

(i) custodial authority of the facility; and

(ii) state licensing agency;

is in jeopardy;

due to the manager's operations; or

(2) a licensed manager has abandoned the manager's assigned BEP facility.

(b) Pursuant to such authorization, the licensed manager's operation of the facility shall be suspended immediately. The manager shall cease operation of the facility during the period of suspension. The operation of the facility shall continue under the authority of the state licensing agency.

(c) The state licensing agency shall promptly notify the licensed manager of the immediate suspension of the operator agreement by certified mail or personal service. The notice of suspension shall inform the licensed manager of the following:

(1) The effective date of the suspension.

(2) The duration of the suspension.

(3) The violation or action that is the basis for the suspension.

(4) The consequence of the following:

(A) Failure to correct the violation or action after the suspension.

(B) A repeated violation after the suspension.

(5) The manager's right to:

(A) file a grievance or to appeal the state licensing agency's action; and

(B) a full evidentiary hearing.

(d) An immediate inventory of all stock, equipment, and documents shall be taken and recorded. The state licensing agency shall provide a copy of the inventory to the manager whose operator agreement has been suspended.

(e) The state licensing agency, with the active participation of the Indiana elected committee of licensed managers, shall select and place a temporary operator in the facility. The costs of a temporary operator will be:

(1) charged to; and

(2) paid from;

the facility's gross sales.

(f) The net proceeds from the facility shall be paid on a monthly basis to the manager whose operator agreement has been suspended.

(g) After an immediate suspension of an operator agreement under this section, the manager shall have the right to a full evidentiary hearing under section 30 of this rule. To exercise that right, the manager must file a written request with the director of the division for a full evidentiary hearing. The written request must be filed within fifteen (15) business days after service of the written notice of immediate suspension of the operator agreement.

(h) If an immediate suspension under this section is found to be contrary to law after a:

(1) full evidentiary hearing; and

(2) formal administrative review;

is complete, the licensed manager shall be reimbursed for the costs of the temporary operator.

Notes

460 IAC 2-4-24

Division of Disability and Rehabilitative Services; 460 IAC 2-4-24; filed Aug 23, 2001, 2:30 p.m.: 25 IR 72; filed Nov 26, 2007, 10:19 a.m.: 20071226-IR-460070254FRA; readopted filed Nov 30, 2007, 4:47 p.m.: 20071226-IR-460070733RFA; readopted filed Nov 20, 2013, 9:02 a.m.: 20131218-IR-460130457RFA Readopted filed 11/13/2019, 11:55 a.m.: 20191211-IR-460190489RFA