Sec. 36.03.04.04. Notice of Violation

A. After receiving a report of a licensee’s alleged violation of Regulation .03 of this chapter, the agency shall:

(1) Notify the licensee of the alleged violation; and

(2) Investigate the report.

B. The Director may designate staff to serve on a review board that:

(1) Reviews the investigation of an alleged violation conducted under §A of this regulation; and

(2) Makes a recommendation to the Director for addressing the alleged violation.

C. The review board’s recommendation to the Director may include:

(1) Requiring the licensee to implement a corrective action plan;

(2) Issuing the licensee a warning letter;

(3) Entering into a settlement agreement with the licensee;

(4) Recommending that the Director initiate Commission proceedings to impose a penalty or sanction on the licensee; or

(5) Any other appropriate action.

D. After reviewing the board’s recommendation, the Director may:

(1) Initiate Commission proceedings to impose a penalty or sanction on the licensee; or

(2) Direct staff to:

(a) Implement the board’s recommendation; or

(b) Take other appropriate action.

E. A licensee shall be provided a notice of the violation that describes the statute, regulation, or directive allegedly violated, along with the Director’s recommendation for addressing the alleged violation.

F. Nothing in this chapter shall be construed to require that:

(1) The licensee receive an opportunity to meet with staff to discuss an informal settlement of a violation; or

(2) The agency undertake a corrective action plan or attempt to reach a settlement with the licensee before the Director initiates Commission proceedings for imposition of a penalty or sanction against a licensee.