Section 385.2500  Violations

a)         If the Department determines that a supportive residence is not in compliance with the Act or this Part, the Department shall promptly serve a notice of violation upon the licensee.  The notice shall be served on the licensee personally or by certified mail.  (Section 30 of the Act)

b)         Each notice of violation shall be in writing and shall include:

1)         A description of the nature of the violation.

2)         Citation of the statutory provision or rule alleged to have been violated.

3)         A statement that the licensee must submit a plan of correction as provided under subsection (c) of this Section.

4)         A description of any other action the Department may take under this Act, including adverse licensure action under Section 50 of the Act and Section 385.2550 of this Part.

5)         A statement that the licensee has a right to a hearing to contest the violation as provided in Section 55 of the Act and Section 385.2600 of this Part and a description of the procedure for requesting a hearing. (Section 30 of the Act)

c)         In response to the receipt of a notice of violation, the licensee shall submit a written plan of correction to the Department (Section 30 of the Act).  Each plan of correction is subject to the approval of the Department and shall comply with the following requirements:

1)         Be filed with the Department within 10 working days after the licensee's receipt of the notice of violation.

2)         State with particularity the method by which the licensee intends to correct each violation specified in the notice of violation.

3)         Contain a stated date by which each violation will be corrected.