§ 63-1-1914. Plan of correction of violations to be submitted - Report of correction - Petition for time extension - Contest of department action.

A.  A facility shall have ten (10) working days after receipt of notice of violation in which to prepare and submit a plan of correction.  The plan of correction shall include a fixed time period, not to exceed sixty (60) days within which the violations are to be corrected.  The Department may extend this period where correction involves substantial structural improvement.  If the Department rejects a plan of correction, it shall send notice of the rejection and the reason for the rejection to the facility.  The facility shall have ten (10) working days after receipt of the notice of rejection in which to submit a modified plan.  If the modified plan is not timely submitted, or if the modified plan is rejected, the Department shall impose a plan of correction which the facility shall follow.

B.  If the violation has been corrected prior to submission and approval of a plan of correction, the facility may submit a report of correction in place of a plan of correction.

C.  Upon a licensee's written request, the Department shall determine whether to grant a licensee's request for an extended correction time.  Such request shall be served on the Department prior to expiration of the correction time originally approved.  The burden of proof shall be on the licensee to show good cause for not being able to comply with the original correction time approved.

D.  If a facility desires to contest any Department action under this section, it shall send a written request for an informal dispute resolution, hearing or both to the Department within ten (10) working days of receipt of notice of the contested action and the Department shall commence the informal dispute resolution or hearing.

Added by Laws 1980, c. 241, § 14, eff. Oct. 1, 1980.  Amended by Laws 1995, c. 230, § 13, eff. July 1, 1995; Laws 2005, c. 460, § 2, eff. Nov. 1, 2005.