TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER h: MISCELLANEOUS STANDARDS
PART 801 SECURE RESIDENTIAL YOUTH CARE FACILITIES
SECTION 801.180 DISPOSITION OF COMPLAINTS, POTENTIAL DEFICIENCIES, OR VIOLATIONS CONCERNING LICENSEES


 

Section 801.180  Disposition of Complaints, Potential Deficiencies, or Violations Concerning Licensees

 

a)         Within 15 business days after completion of the investigation, the Department shall make a formal finding determining whether there was a violation of licensing procedures or standards or federal, State, or local laws.

 

b)         Within five calendar days after a formal finding of a violation is made by the Department, a letter shall be sent by registered mail, return receipt requested, to the licensee summarizing the findings.

 

c)         The letter shall:

 

1)         Cite the laws or licensing procedures or standards violated;

 

2)         Notify the licensee that within 10 days after the receipt of the letter the licensee may send a written request to the Licensing Administrator requesting an informal review of the decision; and

 

3)         Notify the licensee that failure to correct the violations may result in revocation of the license, refusal to renew a license, termination of a permit or expedited permit, or refusal to issue a license to the holder of a permit or expedited permit.

 

d)         If a request for informal review of the Department's findings is granted by the Licensing Administrator and the licensee indicates a willingness to correct the violations, a time period for compliance may be allowed as determined by the Licensing Administrator.  When a time period is granted, a registered letter of notice shall be sent to the licensee specifying the time period granted to correct the violations, which shall begin upon the licensee's receipt of the registered mail.  A licensing representative may make unannounced on-site visits to determine whether the identified violations have been corrected within the time period permitted for compliance.

 

e)         If, at the conclusion of the period of time granted the licensee for correction of the findings, the licensee has failed to correct the identified violations or if no time period for compliance was authorized, the Department shall issue a conditional license in accordance with Section 801.190, shall proceed to revoke or refuse to renew the license in accordance with Section 801.210, or shall terminate the permit or expedited permit.

 

f)          If threats exist to the health, safety, or welfare of the youth served or to the facility security systems or protocols, suspension or termination of the license, conditional license, permit, or expedited permit may immediately result.