§ 12-12-8-17 — Division review of centers

(a) The division shall periodically review
each new center for independent living that receives:
(1) money under Title VII, Part B of the federal act; or
(2) a grant under this chapter;
to determine whether the center is in compliance with the standards
and assurances set forth in Section 725 of the federal act.
(b) If the division determines that a center reviewed under
subsection (a) is not in compliance with the standards and assurances
set forth in Section 725 of the federal act, the division shall
immediately notify the center of the division's determination of
noncompliance. A center may appeal the determination by requesting
a hearing from the office of the secretary not later than thirty (30) days
after receiving notice from the division.
(c) Except as provided in subsection (d), the division shall terminate
all funds to a center determined to be in noncompliance under this
section not later than ninety (90) days after the date of:
(1) the division's notification of noncompliance; or
(2) a final decision by the office of the secretary in the case of a
center that appeals the division's determination under subsection
(b).
(d) The division may not terminate the funds of a center for
independent living that is determined to be noncompliant with the
standards and assurances set forth in Section 725 of the federal act if:
(1) the center submits to the division a plan for achieving
compliance within ninety (90) days; and
(2) the division approves the plan.
A plan required under this subsection must be submitted not later than
thirty (30) days after the center receives a notice of noncompliance
from the division under subsection (b).

Legislative History

As added by P.L.217-2005, SEC.25.