460 IAC 2-4-27 - Disciplinary procedures; termination of license

Authority: IC 12-9-2-3

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

Sec. 27.

(a) The state licensing agency may terminate a manager's license for any of the following reasons:

(1) An action or violation that resulted in a loss of a licensed manager's BEP facility is:

(A) not corrected; or

(B) repeated.

(2) Violation of:

(A) the BEP facility agreement between:

(i) the state licensing agency; and

(ii) a licensed manager;

(B) the terms of the:

(i) permit issued to the state licensing agency by the custodial authority of the BEP facility for the manager's assigned BEP facility; or

(ii) BEP facility agreement between the:

(AA) state licensing agency; and

(BB) custodial authority of the BEP facility for the manager's assigned BEP facility; or

(C) this rule.

(3) Inability of a licensed manager to substantially comply with this rule for any reason.

(4) Conviction of a:

(A) felony; or

(B) misdemeanor that involves fraud, deceit, or misrepresentation.

(5) Continuing violation of state or local government health codes or laws, or failure to correct a violation of the health codes or laws.

(b) The state licensing agency shall promptly notify a licensed manager of a proposed license termination by certified mail or personal service. The notice shall inform a licensed manager of the following:

(1) The action or violation that is the basis for the proposed termination.

(2) The licensed manager's right to a full evidentiary hearing before termination of the manager's license.

(c) A licensed manager will be afforded an opportunity for a full evidentiary hearing before termination of the manager's license.

(d) If a manager's license is terminated, the state licensing agency shall refer the manager to the office of vocational rehabilitation services for other services.

Notes

460 IAC 2-4-27

Division of Disability and Rehabilitative Services; 460 IAC 2-4-27; 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