Disciplinary Procedures

(1) The board may suspend or revoke a license for: (a) Violation of federal or state statutes; (b) Violation of the rules set forth in this chapter; (c) Permitting, aiding or abetting the commission of any illegal act in the HIV supportive living facility; (d) Conduct or practice found by the board to be detrimental to the health, safety, or welfare of the residents of the HIV supportive living facility; or (e) Failure to renew the license. (2) The board may consider all factors which it deems relevant, including but not limited to the following when determining sanctions: (a) The degree of sanctions necessary to ensure immediate and continued compliance; (b) The character and degree of impact of the violation on the health, safety and welfare of the residents in the HIV supportive living facility; (c) The conduct of the HIV supportive living facility in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and, (d) Any prior violations by the HIV supportive living facility of statutes, regulations or orders of the board. (3) When a facility is found by the department to have committed a violation of this chapter, the department will issue to the facility a statement of deficiencies. Within ten (10) days of the receipt of the statement of deficiencies the facility must return a plan of correction indicating the following: (a) How the deficiency will be corrected; (b) The date upon which each deficiency will be corrected; (c) What measures or systematic changes will be put in place to ensure that the deficient practice does not recur; and STANDARDS FOR HIV SUPPORTIVE LIVING CENTERS CHAPTER 0720-29 (d) How the corrective action will be monitored to ensure that the deficient practice does not recur. (4) Either the failure to submit a plan of correction in a timely manner or a finding by the department that the plan of correction is unacceptable shall subject the facility license to possible disciplinary action. (5) Any licensee or applicant for a license aggrieved by a decision or action of the department or board pursuant to this chapter may request a hearing before the board. The proceedings and judicial Review of the board’s decision shall be in accordance with the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-101, et seq. (6) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.