Enforcement actions

1. Facilities are subject to one or more enforcement actions, which include a ban or limitation on admissions, suspension or revocation of a license, or a denial to license, for the following reasons: a. Noncompliance with the requirements of this chapter or chapter 33-03-24.2 have been identified which: (1) Present imminent danger to residents. These conditions or practices must be abated or eliminated immediately or within a fixed period of time as specified by the department; (2) Have a direct or immediate negative relationship to the health, safety, or security of the residents; or (3) Have a potential for jeopardizing resident health, safety, or security if left uncorrected. b. Recurrence of the same or substantially same deficient practice in a thirty-six-month period. c. Failure to provide an acceptable plan of correction or to correct any deficiency pursuant to an approved plan of correction. d. Refusal to allow a survey of the facility by representatives of the department. e. Gross incompetence, negligence, or misconduct in operating the facility as determined through department investigation or by a court of law. f. Fraud, deceit, misrepresentation, or bribery in obtaining or attempting to obtain a license. g. Knowingly aiding and abetting in any way the improper granting of a license. 2. The effective date of the enforcement action must be ninety days from the date the department notifies the facility in writing of the department's decision to initiate an enforcement action, unless the department determines there is imminent danger to the residents. 3. The notice to the facility must include the basis of the department's decision and the effective date of the enforcement action and must also advise the facility of their right to: a. Request a review by the department. (1) A request for a review by the department to verify correction of the deficient practices must be submitted by the facility to the department within forty-five days from the date the department notifies the facility in writing of its decision to initiate an enforcement action. (2) The facility must submit written documentation to the department with the request for a review to verify correction of the deficient practices that were cited. The department shall determine, based on review of the documentation submitted, if an onsite revisit is warranted. The department review and onsite revisit, if conducted, must take place within sixty days of the date the department notified the facility in writing of its decision to initiate an enforcement action. (3) If the department determines, based on the review of the facility documentation and the onsite revisit, if conducted, that the deficient practices have been corrected, the enforcement action may be halted. The department shall notify the facility in writing of the decision within ten days of this determination. (4) If the department determines, based on the review of the facility documentation and the onsite revisit, if conducted, that the deficient practices were not corrected, the enforcement action will be imposed. If imposed, the enforcement action will, at a minimum, remain in effect until the department determines that the conditions leading to the enforcement action have been corrected. b. Request a reconsideration of an enforcement action consistent with section 33-03-24.1-07. 4. If the department sustains the decision, the department shall publish a public notice in the local newspaper not less than fifteen days prior to the imposition of the enforcement action stating the name of the facility, the enforcement action to be imposed, the reason for the action, the date on which the enforcement action will be effective, and the length of time for which it will be imposed. 5. The department of human services and the county social service office in the county in which the facility is located will be notified in writing by the department regarding the enforcement action.