Section 460IAC2-4-27. Disciplinary procedures; termination of license  


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  •    (a) The state licensing agency may terminate a manager's license for any of the following reasons:

    (1) An action or violation that resulted in a loss of a licensed manager's BEP facility is:

    (A) not corrected; or

    (B) repeated.

    (2) Violation of:

    (A) the BEP facility agreement between:

    (i) the state licensing agency; and

    (ii) a licensed manager;

    (B) the terms of the:

    (i) permit issued to the state licensing agency by the custodial authority of the BEP facility for the manager's assigned BEP facility; or

    (ii) BEP facility agreement between the:

    (AA) state licensing agency; and

    (BB) custodial authority of the BEP facility for the manager's assigned BEP facility; or

    (C) this rule.

    (3) Inability of a licensed manager to substantially comply with this rule for any reason.

    (4) Conviction of a:

    (A) felony; or

    (B) misdemeanor that involves fraud, deceit, or misrepresentation.

    (5) Continuing violation of state or local government health codes or laws, or failure to correct a violation of the health codes or laws.

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

    (1) The action or violation that is the basis for the proposed termination.

    (2) The licensed manager's right to a full evidentiary hearing before termination of the manager's license.

      (c) A licensed manager will be afforded an opportunity for a full evidentiary hearing before termination of the manager's license.

      (d) If a manager's license is terminated, the state licensing agency shall refer the manager to the office of vocational rehabilitation services for other services. (Division of Disability and Rehabilitative Services; 460 IAC 2-4-27; filed Aug 23, 2001, 2:30 p.m.: 25 IR 73; 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)