Authority: IC 12-9.1-2-3; IC 12-11-2.1-12

Affected: IC 4-21.5-3-7; IC 12-10-15; IC 12-11-1.1; IC 12-11-2.1

Sec. 10. (a) If the director determines that an establishment has had substantial and repeated violations of the requirements contained in IC 12-10-15, the director may prohibit an establishment from using the term "assisted living" to describe the establishment's services and operations to the public.

(b) An establishment that is aggrieved by a penalty imposed under this rule may request review under IC 4-21.5-3-7.

(c) To qualify for administrative review of a penalty imposed under this rule, an establishment shall file a written petition for review that does the following:

1. (1) States facts demonstrating that the establishment is:

   1. (A) an establishment to whom the action is specifically directed;
   2. (B) aggrieved or adversely affected by the action; or
   3. (C) entitled to review under any law.
2. (2) Is filed with the director of the division within fifteen (15) days after the establishment receives notice of the agency action or determination.

(d) Administrative review shall be conducted in accordance with IC 4-21.5.

(Division of Aging; 455 IAC 1-11-10; filed May 9, 2005, 1:50 p.m.: 28 IR 2690; readopted filed Aug 25, 2011, 1:40 p.m.: 20110921-IR-455110403RFA; readopted filed Nov 15, 2013, 3:22 p.m.: 20131211-IR-455130453RFA; readopted filed Nov 13, 2019, 11:55 a.m.: 20191211-IR-455190488RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-455240503RFA) NOTE: Transferred from the Division of Disability and Rehabilitative Services (460 IAC 1-11-10) to the Division of Aging (455 IAC 1-11-10) by P.L.153-2011, SECTION 21, effective July 1, 2011.