Section 144-111-7 - ENFORCEMENTA.Compliance.1. The Department will issue a statement of deficiencies (SOD) for any violation of this rule. This SOD will be issued, via email, to the email address on file with the Department.2. A TNA must submit and the Department must receive an acceptable Plan of Correction (POC) within ten business days of receipt of a SOD.3. An acceptable POC must contain the following elements for each and every specific deficiency: a. How the TNA will address any processes and systems issues that led to the deficiency;b. The procedure for implementing the POC and the date of implementation;c. The monitoring procedure to ensure that the POC is effective and the specific deficiency cited remains corrected and in compliance with this rule, including the timeframe and processes for monitoring to ensure continued compliance after the date of completion; andd. The title of the person responsible for implementing the acceptable POC.e. A POC may not contain any patient's or client's name or protected health information.f. Failure to correct any deficiency(ies), or to file an acceptable timely POC, may lead to further action by the Department.4. The Department will review the submitted POC and determine if the plan is acceptable or not and will notify the TNA in writing if the POC is acceptable or not.a. If the POC is not acceptable, the Department will request a revised POC.b. Failure to submit an acceptable POC may result in revocation or suspension of a registration.B.Complaint Investigation. Any individual may report allegations of non-compliance with this rule to the Department.1. The Department may conduct complaint investigations to determine compliance with this rule.2. Complaint investigations may include interviews with employees of the TNA placed in Maine, desk audits, records requests, and other activities appropriate to the nature of the complaint as deemed necessary by the Department.C.Violations1. The Department may deny an application or seek revocation or suspension of a registration for the following reasons: a. The TNA submitted an application with information that is incorrect or is fraudulent, deceitful, or a misrepresentation of fact;b. The TNA has demonstrated repeated non-compliance with this rule;c. The TNA has failed to comply with all applicable Maine statutes and rules;d. The TNA's practice is detrimental to the welfare of persons to whom the TNA is providing services;e. The TNA failed to submit an acceptable plan of correction after receiving a Statement of Deficiencies;f. The TNA violated 5 MRS Ch. 10, Maine Unfair Trades Practice Act; org. The TNA engaged in predatory recruitment as defined in 22 MRS § 2131(1-C).D.Penalties and Sanctions.1. The following violations of this rule may be referred to the Office of the Attorney General to pursue civil penalties in accordance with 22 MRS § 2131 (4)(A) and (B):a. Operating without registering. A person who operates a TNA without registering commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation;b. Failure to verify the inclusion of a CNA on the Maine Registry of Certified Nursing Assistants and Direct Care Workers. A person who operates a TNA who fails to verify Certified Nursing Assistant status on the Maine Registry of Certified Nursing Assistants and Direct Care Workers before hire, which may be done through the MBCC, commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation; andc. Operating a TNA in violation of the employment prohibitions in 22 MRSA § 2138. A person who operates a temporary nurse agency in violation of the employment prohibitions in 22 MRSA §2138 commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation.2. The Department may impose a fine of not less than $500.00 and not more than $10,000 for violations of 22 MRS §2131 (4)(C)(1) or (2) on a person or business entity operating a TNA as follows:a. A person or a business entity who fails to meet the documentation requirements outlined in Section IV (A) of this rule;b. A person or a business entity who fails to make documentation required in Section IV(A) available to the Department on request; orc. A person or a business entity who fails to provide an annual report that includes all required documentation listed in Section V of this rule.E.Appeal rights.1. A TNA aggrieved by the Department's decision to take either of the following actions may request an administrative hearing to refute the basis of the Department's decision, as provided by the Maine Administrative Procedure Act, 5 MRS Chapter 375: a. Imposition of a fine; orb. Refusal to register a TNA.2. A request for a hearing must be made in writing to the Division of Licensing and Certification and must specify the reason for the appeal.3. Administrative hearings will be held in conformity with 10-144 CMR Ch. 1, Administrative Hearings Regulations.10-144 C.M.R. ch. 111, § 7