Section 440IAC10-4-41. Penalties and appeals

   (a) The division director may take any of the following actions based on any grounds described in subsection (b):

(1) Issue a letter of correction to the OTP.

(2) Reinspect the OTP.

(3) Issue a notice of conditional status of the OTP's specific approval.

(4) Deny the renewal of or revoke the OTP's specific approval.

(5) Impose a civil penalty in an amount not exceeding ten thousand dollars ($10,000).

  (b) The division director may take action under subsection (a) based on any of the following grounds:

(1) Violating, or failing to comply with, either of the following:

(A) IC 12-23-18.

(B) This rule.

(2) Permitting, aiding, or abetting the commission of any illegal act in an OTP facility.

(3) Conduct or a practice found by the director to be detrimental to the welfare of an OTP patient.

  (c) IC 4-21.5, the administrative orders and procedures act, applies to an action under this rule. (Division of Mental Health and Addiction; 440 IAC 10-4-41; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR-440080412FRA; readopted filed May 10, 2016, 11:24 a.m.: 20160608-IR-440160134RFA)