1. (a) If upon inspection or investigation the Office of Long-Term Care determines that a licensed long-term care facility is in violation of any sanction rule herein described, any federal or state law or regulation, then it shall promptly serve by certified mail or other means that gives actual notice, a notice of violation upon the licensee when the violation is a classified violation as described in Arkansas Code § 20-10-205.

2. (b) Each notice of violation shall:

   1. (1) Be prepared in writing; and

   2. (2) Specify the:

      1. (A) Exact nature of the classified violation;
      2. (B) Statutory provision or specific rule alleged to have been violated;
      3. (C) Facts and grounds constituting the elements of the classification; and
      4. (D) Amount of the civil penalty assessed by the Director of the Office of Long-Term Care, if any.

3. (c) The notice of violation issued to a long-term care facility by the director shall:

   1. (1) Be classified according to the nature of the violation; and
   2. (2) Indicate the classification on the face thereof as follows.

4. (d)

   1. (1) The notice shall also inform the licensee of the right to a hearing:

      1. (A) Under Arkansas Code § 20-10-208 when civil penalties are imposed; and
      2. (B) Under Arkansas Code § 20-10-303 with regards to licensure and certification.
   2. (2) The request for a hearing under Arkansas Code § 20-10-208 must be received by the Secretary of the Department of Human Services within ten (10) working days after receipt by the facility of the notice of violation.

   3. (3) The request for a hearing under Arkansas Code § 20-10-303 must be:

      1. (A) In writing; and
      2. (B) Submitted to the Chair of the Long-Term Care Facility Advisory Board [abolished].
5. (e) The Department of Human Services shall provide a fair and impartial hearing officer for appeals.

Codification Notes: The Long-Term Care Facility Advisory Board was abolished by Acts 2017, No. 540, § 39.