460 IAC 2-4-26 - Disciplinary procedures; loss of facility

Authority: IC 12-9-2-3

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

Sec. 26.

(a) A licensed manager shall lose the manager's assigned BEP facility, and the facility agreement between the manager and the state licensing agency shall be terminated and canceled, if any of the following occurs:

(1) An action or violation resulted in a suspension and:

(A) was not corrected; or

(B) the action or violation was repeated.

(2) A licensed manager has a repeated violation or failure to comply with the terms of a:

(A) permit for a BEP facility assigned to the licensed manager; or

(B) contract between the:

(i) state licensing agency; and

(ii) custodial authority of a BEP facility assigned to the licensed manager.

(b) The state licensing agency shall promptly notify a licensed manager by certified mail or personal service if the agency proposes to terminate the manager's operations in the manager's assigned BEP facility under this section. The notice of proposed loss of facility shall inform the licensed manager of the following:

(1) The action or violation that forms the basis for the proposed loss of the manager's assigned BEP facility.

(2) The consequence of a repeated violation after the manager's loss of the assigned BEP facility.

(3) The manager's right to a full evidentiary hearing before loss of the manager's assigned BEP facility.

(c) A licensed manager must be afforded an opportunity for a full evidentiary hearing before loss of the assigned BEP facility under this rule.

(d) The:

(1) loss of a facility by a licensed manager due to disciplinary action shall restrict the manager from bidding on another available facility for a period of one (1) year; and

(2) manager shall not be awarded the facility that was lost in the future.

Notes

460 IAC 2-4-26

Division of Disability and Rehabilitative Services; 460 IAC 2-4-26; filed Aug 23, 2001, 2:30 p.m.: 25 IR 73; 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