NC Register Volume 9 Issue 15 - Office of Administrative Hearings

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PROPOSED RULES
Internal— Review Committee, the Division shall
attempt to
notify the administrator the day of the
Penalty Review Committee meeting.
fm) Recommendations by the Penalty Review
Committee shall be forwarded to the Chief of the
Domiciliary and Group Care Section who shall
have five working days from the date of the
Penalty Review Committee meeting to determine
and impose— admini strative — penalties—fef—eaee
violation as provided by G.S.
the administrator by certified mail.
{ft}
13 ID 34 and notify
The admini strator shall have 60 days from
receipt of the notification to pay the assessment or
30 days to appeal the deci s ion as provided by G.S.
13 1 D 3 4 .— The Divi s ion shall notify the Attorney
General' s
Office of any outstanding assessments.
(a) The county department of social services
shall identify areas of non-compliance resulting
from a complaint investigation or monitoring visit
which may be violations of residents' rights
contained in G.S. 131D-21 or rules contained in
this Subchapter. If the county department of
social services decides to recommend an
administrative penalty as defined in G.S.
it
131D-34,
shall prepare an administrative penalty proposal
for submission to the Department. The proposal
(c)
department of social services to request
necessary changes or additional
material.
{3} When the proposal is complete and a
type and amount of penalty determined,
the assistant chief shall forward the
proposal to the administrative penalty
monitor for processing.
The Department shall notify the licensee by_
certified mail within 10 working days from the
time the proposal is
received by the administrative
penalty monitor that an administrative penalty is
being considered.
(d) The licensee shall have 10 working days
from receipt of the notification to provide both the
Department and the
county department of social
services any additional information relating to
proposed administrative penalty.
the
£e) If the penalty recommendation is classified as
a Type B violation and is not a repeat violation as
defined by G.S. 131D-34. the licensee shall be
notified of the type and amount of the penalty and
may accept the recommendation instead of review
by the Penalty Review Committee.
If the penalty
recommendation is accepted, the licensee must
notify the administrative penalty monitor by
shall include documentation that the licensee was certified mail within five working days following
notified of the county department of social
receipt of the recommendation. The licensee must
services' intent to prepare and forward an
administrative penalty proposal to the Department:
offered an opportunity to provide additional
information prior to the preparation of the
proposal: after the proposal is prepared, given a
copy of the contents of the proposal; and then
extended an opportunity to request a local
conference with the county department of social
services, allowing the licensee 10 days to respond
prior to forwarding the proposal . The conference.
if requested, shall include county department
management staff. The licensee may request a
conference and produce information to
cause the
county department of social services to change its
proposal. The county department of social
services may rescind its proposal; or change its
proposal and submit it to the Department or submit
it
unchanged to the Department.
fb) An assistant chief of the Domiciliary and
Group Care Section shall receive the proposal and
review it for completeness.
(1) If the proposal is complete, the assistant
chief shall make a decision on the type
and amount of penalty to
for consideration.
be submitted
ill If the proposal is incomplete, the
assistant chief shall contact the county
include payment of the penalty with the
notification. If payment is not received, the
recommendation shall be forwarded to the Penalty
Review Committee.
(f) The Penalty Review Committee must review
a recommended penalty when: it is a Type A
violation; is a Type B violation that has been
previously cited during the previous
12 months or
within the time period of the previous licensure
inspection, whichever time period is
longer: or is
a Type B violation as provided in Paragraph (e) of
this Rule which is not accepted by the licensee.
(g) A subcommittee of the Penalty review
Committee consisting of four committee members
assigned by the Penalty Review Committee chair
shall meet to initially review non-repeat Type B
violations. The Penalty Review Committee chair
shall
appoint the subcommittee chair and shall be
an ex-officio member of the Penalty Review
Committee subcommittee. Providers,
complainants, affected parties and any member of
the public may attend this meeting. The
administrative penalty monitor shall be responsible
for informing parties of these meeting dates with
the exception that the agency which conducted the
complaint investigation shall be responsible for
notifying the complainant, if any.
1173 NORTH CAROLINA REGISTER November 1, 1994 9:15