Sec. 07.02.19.13. Probationary Period

A. The local department may place the provider on probationary status:

(1) Upon finding that a violation requires immediate action to protect the health, safety, or welfare of a resident in the provider's care; and

(2) For not more than 60 days from the date of the department’s knowledge of the violation.

B. Probation Notice.

(1) The local department shall notify the provider of the probationary status in writing within 10 days of the local department's knowledge of a violation.

(2) The probation notice shall include the:

(a) Reason for probationary status;

(b) Regulation on which it is based;

(c) Provider's right to appeal the decision and the method for requesting a fair hearing; and

(d) Statement that probationary status may lead to revocation of certification if the violation is not corrected within the probation period.

C. On or before the date ending the probationary period, the local department shall remove the probationary status, extend the probationary status, or revoke the certificate.

D. During the probationary period, the local department shall obtain the approval of the director or designee of the local department before placing a new applicant in the CARE home.