Md. Code Regs. 07.05.01.18

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.05.01.18 - Sanctions

A. The Administration may impose sanctions on an agency to ensure compliance with this chapter and, as appropriate, with COMAR 07.02.21, 07.05.02, and 07.05.03.

B. Sanctions are restrictions imposed on an agency by the Administration and may include:

(1) Closing the agency intake process;

(2) Suspending new applications to the agency;

(3) Limiting:

(a) Authority of the agency's chief administrator,

(b) Authority of the agency's governing board,

(c) Activity of agency employees, or

(d) Distribution of agency publicity; or

(4) Any other actions which the Administration deems appropriate.

C. The Administration may not impose sanctions for longer than 60 days except as provided in §E of this regulation.

D. The Administration shall:

(1) At least 20 days before the imposition of a sanction, give the agency a written notice which includes:

(a) The effective date of the sanction,

(b) Identification of the applicable violated regulations and the nature of the violation,

(c) A description of each sanction,

(d) Information about the agency's responsibility to submit a written correction plan to the Administration, and

(e) A statement describing the agency's right to a hearing before the imposition of the sanction;

(2) Before to the sanction effective date, consult regarding the required correction plan with:

(a) The agency's chief administrator,

(b) The agency's governing board, and

(c) Any appropriate agency employee;

(3) Review the agency's correction plan by the sanction effective date;

(4) Impose additional sanctions or suspend the license if the agency:

(a) Fails to submit a correction plan to the Administration by the specified date, or

(b) Submits an unacceptable correction plan; and

(5) If the agency fails to implement the approved correction plan:

(a) Suspend the agency's license, or

(b) Revoke the agency's license.

E. The Administration may:

(1) Upon written request by the agency and for good cause, extend the time by not longer than:

(a) 10 days when the agency shall submit its correction plan, or

(b) 30 days during which the agency shall implement the correction plan; and

(2) Continue sanctions during the extension period.

F. The agency shall:

(1) Submit a correction plan to the Administration for approval at least 5 days before the effective date of the sanction;

(2) If approved by the Administration, submit a correction plan on an extended schedule; and

(3) Implement the correction plan within the sanction period imposed by the Administration.

Md. Code Regs. 07.05.01.18