Section 460IAC2-4-25. Disciplinary procedures; disciplinary suspension

   (a) Disciplinary suspension of a licensed manager's operation of an assigned BEP facility for a minimum of thirty (30) calendar days may result from any of the following:

(1) Failure to comply with a written action plan.

(2) An action or a violation that is the basis of a written action plan is repeated following the written action plan.

(3) A licensed manager:

(A) receives three (3) action plans within a period of twelve (12) months;

(B) is imprisoned after conviction of a criminal offense; or

(C) fails, without reasonable justification, to:

(i) give the notice required under section 18 of this rule, regarding the end of a leave of absence;

(ii) return to the manager's facility upon completion of an approved leave of absence; or

(iii) obtain prior approval from the state licensing agency for an extension of a leave of absence allowable under section 18 of this rule.

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

(1) The action or violation that forms the basis for the proposed suspension.

(2) The duration of the proposed suspension.

(3) The consequence of the following:

(A) A failure to correct the violation or action after the proposed suspension.

(B) Repeated violations after the proposed suspension.

(4) The manager's right to a full evidentiary hearing before suspension of the manager's license.

  (c) Except as provided in section 24 of this rule (immediate suspension without notice), a licensed manager must be afforded an opportunity for a full evidentiary hearing before suspension of the manager's license.

  (d) If a licensed manager's operations are suspended after a full evidentiary hearing, the manager shall cease operation of the facility during the period of suspension. The operation of the facility shall continue under the authority of the state licensing agency.

  (e) An immediate inventory of all stock, equipment, and documents shall be taken and recorded. The state licensing agency shall provide the suspended manager with a copy of the inventory.

  (f) The state licensing agency, with the active participation of the Indiana elected committee of licensed managers, shall select and place a temporary operator in the facility. The costs of a temporary operator will be:

(1) charged to; and

(2) paid by;

the suspended manager from the facility's gross sales.

  (g) The net proceeds from the facility shall be paid to the suspended manager on a monthly basis. (Division of Disability and Rehabilitative Services; 460 IAC 2-4-25; filed Aug 23, 2001, 2:30 p.m.: 25 IR 72; errata filed Jan 10, 2002, 11:37 a.m.: 25 IR 1645; 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)