Tenn. Comp. R. & Regs. 1200-08-11-.03 - DISCIPLINARY PROCEDURES

(1) The board may suspend or revoke a license for:
(a) Violation of state statutes;
(b) Violation of the rules as set forth in this chapter;
(c) Permitting, aiding or abetting the commission of any illegal act in the home;
(d) Conduct or practice found by the board to be detrimental to the health, safety, or welfare of the residents of the home; and
(e) Failure to renew the license.
(2) The board may consider all factors which it deems relevant, including but not limited to the following, when determining sanctions:
(a) The degree of sanctions necessary to ensure immediate and continued compliance;
(b) The character and degree of impact of the violation on the health, safety and welfare of the residents in the home;
(c) The conduct of the home in taking all feasible steps or procedures necessary or appropriate to comply or correct the violation; and
(d) Any prior violations by the home of statutes, rules or orders of the Commissioner or the board.
(3) Failure to timely submit an acceptable plan of correction shall subject the home's license to possible disciplinary action.
(4) The Commissioner may suspend the admission of any new residents to the home, pending a prompt hearing before the board or an administrative law judge, when the conditions are or are likely to be detrimental to the health, safety or welfare of the residents.
(5) Whenever the Commissioner suspends the admission of any new residents to the home because of the detrimental conditions found, the home shall post a copy of the Commissioner's Order upon the public entrance doors of the facility and prominently display it there for so long as it remains effective and until the Commissioner or the board removes the suspension and restores the facility's ability to admit new residents. During the suspension, the home shall inform any person who inquires about the admission of a new resident of the provisions of the order and make a copy of the order available for the inquirer's inspection.
(6) Following a contested case hearing, the board may find a facility's license subject to suspension or revocation and may then immediately impose any sanction authorized by law.
(7) The board may recommend the appointment of one or more special monitors to serve such term and to be present in the home for such hours each week as the board finds necessary and appropriate, as specified in its order. The home shall reimburse the reasonable fees and expenses of any special monitor so appointed by the board.
(8) Any licensee or applicant for a license, aggrieved by a decision or action of the department or board, pursuant to this rule, may request a hearing before the board. The proceedings and judicial review of the board's decision shall be in accordance with the Uniform Procedures Act, T.C.A. §§ 4-5-101, et seq.
(9) Reconsideration and Stays. The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

Notes

Tenn. Comp. R. & Regs. 1200-08-11-.03
Original rule filed June 21, 1979; effective August 6, 1979. Amendment filed August 16, 1988; effective September 30, 1988. Repeal and new rule filed July 27, 2000; effective October 10, 2000. Amendment filed March 1, 2007; effective May 15, 2007.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-219, 4-5-312, 4-5-316, 4-5-317, 68-11-202, 68-11-204, 68-11-206, 68-11-207, 68-11-208, 68-11-209, and 68-11-221.

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