Sec. 10.22.03.04. Intermediate Sanctions

A. After notice and an opportunity for a hearing, the Director may impose any intermediate sanctions listed in §B of this regulation if:

(1) Deficiencies have a moderate impact and the scope of the deficiencies occurs on an isolated, low, repeated, or widespread basis; or

(2) Deficiencies have a severe impact and the scope of the deficiencies occurs on an isolated, low, repeated, or widespread basis.

B. For purposes of §A of this regulation, intermediate sanctions include:

(1) A directed plan of correction, when the licensee is directed to take a specific action by a certain date;

(2) A mandatory staffing pattern, when the Administration defines for the licensee the level of individual supervision required at a particular site or program;

(3) Mandatory training, when the Administration identifies deficient areas in which training is needed;

(4) Individual relocation, when the Administration reserves the right to relocate an individual to another licensee in order to protect the health or safety of the individual;

(5) Expansion ban, when the Administration retains the authority to prohibit the licensee from obtaining additional sites, admitting individuals, or providing additional services at the site;

(6) Imposition of an intensive monitoring protocol by the Administration; or

(7) Imposition of a temporary site monitor, when the Administration maintains an on-going physical presence for the purpose of providing assistance and evaluating the extent of the licensee's corrective actions.