N.D. Admin. Code 75-02-05.2-05

Current through Supplement No. 395, January, 2025

Section 75-02-05.2-05 - Imposition of enforcement remedies

1. The survey agency shall recommend enforcement action.

2. The department shall consider the survey agency recommendation when determining the appropriate enforcement action, except the appointment of a receiver must be as provided in North Dakota Century Code chapter 23-16.1. The department shall provide for the imposition of incrementally more severe remedies for repeated, uncorrected, or pervasive deficiencies or deficiencies presenting a threat to the health, safety, or welfare of residents.

3. The provisions of 42 U.S.C. 1396 r(h)(6) govern the imposition of remedies when the department and the regional office do not agree.

4. Enforcement action must cease upon recommendation of the survey agency indicating the conditions or circumstances causing a deficiency appear to be corrected.

N.D. Admin Code 75-02-05.2-05

Effective July 1, 1995.

General Authority: NDCC 50-24.1-04

Law Implemented: 42 USC 1396 r(h)