(a)

1. (1) 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 within ten (10) working days of the discovery of the violation the office shall 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. (2) The administrator shall post copies of the notice of Class A or Class B violations.

(b) Each notice of violation shall be prepared in writing and shall specify the:

1. (1) Exact nature of the classified violation;
2. (2) Statutory provision or specific rule alleged to have been violated;
3. (3) Facts and ground constituting the elements of the classification;
4. (4) Amount of the civil penalty assessed by the Director of the Office of Long-Term Care, if any; and
5. (5) Licensee's right to a hearing under Arkansas Code § 20-10-208 (see 20 CAR § 401-906(e)).

(c) The notice of violation issued to a long-term care facility by the director shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows:

1. (1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility:

   1. (A) Resulting in death or serious physical harm to a resident; or
   2. (B) Creating a substantial probability that death or serious physical harm to a resident will result therefrom;
2. (2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;
3. (3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and

4. (4)

   1. (A) Class D violations shall relate to the timely submittal of statistical and financial reports to the office.
   2. (B) The failure to timely submit a statistical or financial report shall be considered a separate Class D classified violation during any month or part thereof of noncompliance.
   3. (C) In addition to any civil penalty which may be imposed, the director is authorized after the first month of a Class D violation to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.