§ 12-11-1.1-11 — Issuance of citation for violations; requirements; remedies; considerations in determining remedy

Indiana § 12-11-1.1-11

• Jurisdiction: Indiana
• Art. 11: SERVICES FOR INDIVIDUALS WITH
• Ch. 1.1: Bureau of Disabilities Services; Community Based

Text

(a) Upon a determination by the bureau
that a provider has violated this article or a rule adopted under this
article, the director shall issue a citation under IC 4-21.5-3-6 to the
provider. The citation must state the following:
(1) The nature of the violation.
(2) The classification of the violation.
(3) The corrective actions required of the provider to remedy the
breach and to protect clients of the provider.
(4) Any penalty imposed on the provider.
(b) A person aggrieved by a citation issued under this section may
request a review under IC 4-21.5-3-7. If a request for a hearing is not
filed within the fifteen (15) day period, the determination contained in
the citation is final.
(c) The bureau may impose the following remedies for a violation
of this article or a rule adopted under this article:
(1) Issuance of an order for immediate correction of the violation.
(2) Imposition of a fine not to exceed ten thousand dollars
($10,000).
(3) Suspension of new clients by the provider for a period not to
exceed ninety (90) days.
(4) Revocation of the provider's license or issuance of a
probationary license.
(5) A requirement that the provider comply with any plan of
correction approved or directed by the division.
(d) In determining appropriate remedies under this section for a
violation, the bureau shall consider the following:
(1) Whether the violation occurred for reasons beyond the
provider's control.
(2) Whether the provider has demonstrated that the provider has
taken the appropriate steps to reasonably ensure that the violation
will not recur.
(3) The history of violations by the provider.
(4) The effect of the violation on the client.
(5) The degree of the violation.

Legislative History

As added by P.L.153-2011, SEC.12.