Haw. Code R. § 11-100.1-93 - Emergency procedures

(a) If the department determines that the licensee, primary care giver, staff or other household member has subjected a resident to abuse, neglect, or financial exploitation, the department at its discretion may order the immediate discontinuance of the ARCH or expanded ARCH and revoke the license issued pursuant to this chapter. The order shall be immediately effective and shall designate the date for the discontinuance of the ARCH or expanded ARCH. The department shall provide written notice of the order to the licensee by certified mail prior to the date of discontinuance. The department may assist in the coordination and arrangement for orderly transfer and discharge of residents.

(b) The department shall provide an opportunity for a hearing within twenty four hours after service of the order. If a hearing is not provided as requested, a stay in the department's decision will be provided until a hearing can be conducted.

(c) Any hearing conducted under this section shall be conducted as a contested case hearing under chapter 91, HRS. If after a hearing held pursuant to this section, the director finds that the violation or violations have occurred, the director shall affirm or modify any penalties imposed or shall modify or affirm the order previously issued or issue an appropriate order or orders as may be appropriate. If, after the hearing on an order or penalty contained in a notice, the director finds that no violation has occurred or is occurring, the director shall rescind the order or penalty or both.

Notes

Haw. Code R. § 11-100.1-93

[Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-15.6, 321-15.7, 321-15.61, 321-15.62) (Imp: HRS §§ 321-9, 321-10, 321-11, 321-15.6, 321-15.7, 321-15.61, 321-15.62)