Haw. Code R. § 11-148.1-15 - Remedies
(a) If the certifying agency determines that
any person is violating any provision of this chapter, section
321-11.2, HRS,
or the person's certificate of approval, the certifying agency shall send
written notification of violation and order by certified mail to the person.
The notice shall specify the alleged violation and the process to request in
writing a hearing as outlined in this chapter. The order may require that the
alleged violator do any or all of the following:
(1) Cease and desist from the
violation;
(2) Follow a plan of
correction and correct the violation at the alleged violator's
expense;
(3) Pay a fine not to
exceed $500 per violation;
(4)
Abide by new conditions attached to a certificate of approval. Conditions that
the certifying agency may impose on a certificate of approval include but are
not limited to:
(A) Restricting the total
number of adults with I/DD based upon the certified caregiver's ability to meet
the health and safety needs of the adults with I/DD;
(B) Restricting the impairment level of
adults with I/DD allowed in the home based upon the certified caregiver's
ability to meet the health and safety needs of the adults with I/DD;
(C) Requiring additional caregivers to meet
the needs of the adults with I/DD;
(D) Requiring additional qualifications or
training of the certified caregivers or substitute caregivers to meet specific
individual care and service needs;
(E) Requiring additional documentation;
or
(F) Restricting certified
caregivers from allowing person on the premises who may be a threat to an
individual's health, safety, or welfare.
(b) The order may also revoke a certificate
of approval pursuant to section 11-148.1-17.
(c) Subject to subsection (a), the order
shall become final thirty days upon receipt of the notice of denial or
revocation unless the alleged violator requests in writing a hearing as
outlined in this chapter.
Notes
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