Reconsideration of enforcement actions

The facility has the right to request a reconsideration of decisions resulting in enforcement actions. 1. A written request for a reconsideration must be filed with the department within ten days of the date the department notified the facility in writing of the decision to initiate an enforcement action. 2. The facility requests for reconsideration must be accompanied by written documents, including: a. A copy of the notice received from the department. b. The reason or basis in fact for the dispute and request for reconsideration. c. The statutes or rules relied upon with respect to each disputed issue and the factual basis for the facility's contention that the violation was erroneously determined. d. The name, address, and telephone number of the person to whom all notices will be mailed or delivered regarding the request for reconsideration. 3. Within ten days after the receipt of the request for reconsideration, the department shall grant or deny the request. 4. A request for reconsideration will be denied unless it specifically identifies each disputed deficient practice and states the factual basis for the facility's contention that the deficient practice was erroneously determined. The correction of the factors that led to the determination of a deficient practice may not be asserted as a basis for a request for reconsideration. 5. If the department denies the request for reconsideration, the department shall notify the facility in writing of that decision. If denial was for any reason other than a failure of the request to conform to the requirements of subsection 4, the notice must advise the facility of the right to appeal. 6. If the department determines to undertake reconsideration, the decision on reconsideration must be rendered within twenty days of receipt of the request for the reconsideration and the department must notify the facility in writing of the decision. The notice of the decision on the reconsideration must advise the facility of the right to appeal. 7. The reconsideration of an enforcement action does not delay the implementation of the enforcement action. The date of implementation of the enforcement action is effective unless otherwise determined.