SECTION 450:1-9-9. Bases for a decision to issue administrative sanction of suspension, or revocation

(a)   A determination that the certification status shall be reduced, suspended, or revoked or that a reprimand be issued, may be made upon the following bases:

(1)   failure to comply with certification standards;

(2)   failure to comply with appropriate statutory licensing provisions;

(3)   violation of consumer rights or consumer confidentiality;

(4)   endangerment of the safety, health, and/or the physical or mental well-being of a consumer served by the program;

(5)   failure to comply with accreditation, inspection, safety, or building code regulations required by local, state, or federal authorities and laws;

(6)   defrauding a consumer, potential consumer, or third party payer;

(7)   inappropriate conduct by program staff or its governing authority;

(8)   utilization of treatment techniques which endanger the safety, health, and mental health or physical well-being of program consumers;

(9)   refusal of access to a facility or any program components by ODMHSAS personnel when conducting announced or unannounced site visits pursuant to this Chapter; or

(10)   any other just cause.

(b)   Determinations to initiate suspensions, reductions and revocations or to issue reprimands are made by the Commissioner or designee of ODMHSAS.

(c)   The facility's certification status continues unless the facility fails to timely file a written request for a hearing as cited in OAC450:1-5-5 or an order sustaining the allegations made by ODMHSAS is issued by the appointed Hearing Officer.

[Source: Added at 11 Ok Reg 3335, eff 7-5-94; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346, eff 7-1-02; Amended at 22 Ok Reg 2099, eff 7-1-05; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended at 24 Ok Reg 2554, eff 7-12-07; Amended at 30 Ok Reg 1392, eff 7-1-13]