NDAC 75-03-07.1-10
Correction of violations
Cite as N.D. Admin. Code § 75-03-07.1-10
1.
A provider shall correct violations noted in a correction order within the following times:
a.
For a violation of subsection 24 of North Dakota Century Code section 50-11.1-02, North
Dakota Century Code section 50-11.1-02.2, paragraph 5 or 7 of subdivision a of
subsection 3 of section 75-03-07.1-02, subdivision b of subsection 3 of section
75-03-07.1-02, or subsection 4 of section 75-03-07.1-02, or section 75-03-07.1-08, within
twenty-four hours.
b.
For a violation of subdivision g or h of subsection 1 of North Dakota Century Code
section 50-11.1-17 or all other deficiencies of chapter 75-03-07.1, within twenty days.
2.
All periods of correction begin on the date of the receipt of the correction order by the provider.
3.
The department may grant an extension of additional time to correct violations, up to a period
of one-half the original allowable time allotted. An extension may be granted upon application
by the provider and a showing that the need for the extension is created by unforeseeable
circumstances and the provider has diligently pursued the correction of the violation.
4.
The provider shall furnish a written notice to the department upon completion of the required
corrective action. The correction order remains in effect until the department confirms the
corrections have been made.
5.
The provider shall notify the parent of each child receiving care at the residence and each
emergency designee how to report a complaint or suspected rule violation.
6.
Within ten business days of mailing or within three days of electronic transmission of the
correction order, the provider shall notify the parents of each child receiving care by this
provider that a correction order has been issued. In addition to providing notice to the parent
of each child, the provider also must post the correction order in a conspicuous location within
the residence until the violation has been corrected or five days, whichever is longer.
7.
A provider who has been issued a correction order must be reinspected at the end of the
period allowed for correction. If, upon reinspection, it is determined that the provider has not
corrected a violation identified in the correction order, the department shall mail or send by
electronic mail a notice of noncompliance with the correction order to the provider. The notice
must specify the violations not corrected and the penalties assessed in accordance with North
Dakota Century Code section 50-11.1-07.5.
8.
Refutation process for a correction order:
a.
A self-declared provider may refute a correction order by submitting a refutation request
in writing on the form provided by the department within five calendar days of receiving
the correction order.
b.
The department shall respond to written refutations within five business days of receipt.