(1) Upon a finding
by the Commission that an agency has violated any provision of these rules, the
Commission may impose any of the following actions separately or in any
combination deemed appropriate to the offense:
(a) Probation - This is a formal disciplinary
action which places an agency on close scrutiny for a fixed period of time
determined by the Commission. This action may be combined with conditions which
must be met before probation will be lifted and/or which restrict the agency's
registration during the probationary period.
(b) Registration Suspension - This is a
formal disciplinary action which suspends an agency's right to operate for a
fixed period of time. It contemplates the reentry of the agency into operation
under the registration previously issued. When the Commission suspends a
registration, the agency may not operate during the period of
suspension.
(c) Revocation for
cause - This is the most severe form of disciplinary action which terminates a
registration and removes a registration from the Registry. The Commission may
allow reinstatement of a revoked registration upon conditions and after a
period of time it deems appropriate. No petition for reinstatement and no new
application for registration from an agency whose registration was revoked
shall be considered prior to the expiration of at least five (5) years unless
otherwise stated in the Commission's revocation order.
(d) Conditions - These include any action
deemed appropriate by the Commission to be required of an agency disciplined
during any period of probation or suspension or as a prerequisite to the
lifting of probation or suspension or the reinstatement of a revoked
registration.
(e) Civil penalty - A
monetary disciplinary action assessed by the Commission.
(2) Once ordered, probation, suspension,
revocation, assessment of a civil penalty, or any other condition of any type
of disciplinary action may not be lifted unless and until the agency petitions
the Commission, after the period of initial probation, suspension, revocation,
or other conditioning has run, and all conditions placed on the probation,
suspension, revocation, have been met, and after any civil penalties assessed
have been paid.
(3) Order of
Compliance - This procedure is a necessary adjunct to previously issued
disciplinary orders and is available only when a petitioner has completely
complied with the provisions of a previously issued disciplinary order,
including an unregistered practice civil penalty order, and wishes or is
required to obtain an order reflecting that compliance.
(a) The Commission will entertain petitions
for an Order of Compliance as a supplement to a previously issued Order upon
strict compliance with the procedures set forth in the following three (3)
circumstances:
1. When the petitioner can
prove compliance with all the terms of the previously issued order and is
seeking to have an order issued reflecting that compliance;
2. When the petitioner can prove compliance
with all the terms of the previously issued order and is seeking to have an
order issued lifting a previously ordered suspension or probation; or
3. When the petitioner can prove compliance
with all the terms of the previously issued order and is seeking to have an
order issued reinstating a license previously revoked.
(b) Procedures
1. The petitioner shall submit a Petition for
Order of Compliance to the Commission's staff that shall contain all of the
following:
(i) A copy of the previously issued
order; and
(ii) A statement of
which provision of subparagraph (a) the petitioner is relying upon as a basis
for the requested order; and
(iii)
A copy of all documents that prove compliance with all the terms or conditions
of the previously issued order. If proof of compliance requires testimony of an
individual(s), including that of the petitioner, the petitioner must submit
signed statements from every individual the petitioner intends to rely upon
attesting, under oath, to the compliance. The Commission and its staff, in
their discretion, may require such signed statements to be notarized. No
documentation or testimony other than that submitted will be considered in
making an initial determination on, or a final order in response to, the
petition.
2. The
Commission authorizes its staff to make an initial determination on the
petition and take one of the following actions:
(i) Certify compliance and present the
petition to the Commission as an uncontested matter; or
(ii) Deny the petition, after consultation
with legal staff, if compliance with all of the provisions of the previous
order is not proven and notify the petitioner of what provisions remain to be
fulfilled and/or what proof of compliance was either not sufficient or not
submitted.
3. The
petitioner may not submit any additional documentation or testimony other than
that contained in its petition as submitted to the Commission and its
staff.
4. If the Commission finds
that the petitioner has complied with all the terms of the previous order the
Commission shall issue an Order of Compliance.
5. If the petition is denied either initially
by the Commission's staff or after review by the Commission, and the petitioner
believes compliance with the order has been sufficiently proven, the petitioner
may, as authorized by law, file a request for a hearing with the Commission's
staff and a Notice of Hearing will be filed to be heard by an Administrative
Law Judge sitting alone.
(c) Form Petition
Petition for Order of Compliance
Temporary Healthcare Staffing Registry
Petitioner's Name:____________________________________
Petitioner's Mailing
Address:____________________________
Petitioner's E-Mail
Address:_____________________________
Telephone Number:___________________________________
Attorney for
Petitioner:_________________________________
Attorney's Mailing
Address:______________________________
Attorney's E-Mail
Address:_______________________________
Attorney's Telephone
Number:____________________________
The petitioner respectfully represents, as substantiated by the
attached documentation, that all provisions of the attached disciplinary order
have been complied with and is respectfully requesting: (circle one)
1. An order issued reflecting that
compliance; or
2. An order issued
reflecting that compliance and lifting a previously ordered suspension or
probation; or
Note - You must enclose all documents necessary to prove your
request including a copy of the original order. If any of the proof you are
relying upon to show compliance is the testimony of any individual, including
yourself, you must enclose signed statements from every individual you intend
to rely upon attesting, under oath, to the compliance. The Commission's staff,
in its discretion, may require such signed statements to be notarized. No
documentation or testimony other than that submitted will be considered in
making an initial determination on, or a final order in response to, this
petition.
Respectfully submitted the ______ day of __________________,
20_____________.
________________________
By: _____________________
Name of Individual Signing on behalf of
petitioner
