Section 460IAC2-4-22. Disciplinary procedures; formal counseling

   (a) Formal counseling is a discussion, in person or by telephone, between a licensed manager and a business counselor or other staff of the state licensing agency. The discussion must be documented, in writing, in the state licensing agency's file for the manager.

  (b) In formal counseling, a licensed manager will be advised of the following:

(1) That the discussion is a formal counseling session under the state licensing agency disciplinary procedures.

(2) The specific nature of the action or violation complained of.

(3) The corrective action required.

(4) The date when corrective action must be completed.

(5) The consequences of the following:

(A) Failure to comply with corrective action.

(B) Repeated violation.

  (c) Formal counseling shall be used for the first violation of a rule, policy, or the terms of an agreement or permit for a BEP facility, except when the state licensing agency reasonably determines that:

(1) public health, safety, or welfare is in danger;

(2) the permit for a BEP facility is in jeopardy; or

(3) a BEP facility contract between the:

(A) custodial authority of the facility; and

(B) state licensing agency;

is in jeopardy;

due to the manager's operations, for which a higher level of discipline may result.

  (d) The state licensing agency staff member conducting a formal counseling session shall send a written report of the session to the licensed manager. The report shall be in an accessible format designated by the licensed manager. The report shall include the information required in subsection (b). A copy of the report will be kept in the manager's file in the state licensing agency.

  (e) A licensed manager shall have the right to submit written comments regarding the report to the state licensing agency. If the manager does so, the written comments will be kept in the manager's file in the state licensing agency.

  (f) An action or violation that results in formal counseling may be the basis for a written action plan if the action or violation:

(1) is not corrected as requested in the formal counseling report; or

(2) that is the basis for formal counseling is repeated.

(Division of Disability and Rehabilitative Services; 460 IAC 2-4-22; filed Aug 23, 2001, 2:30 p.m.: 25 IR 71; 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)