1. A. After notice and an opportunity for a hearing, the Director may impose any intermediate sanctions listed in §B of this regulation if:

   1. (1) Deficiencies have a moderate impact and the scope of the deficiencies occurs on an isolated, low, repeated, or widespread basis; or
   2. (2) Deficiencies have a severe impact and the scope of the deficiencies occurs on an isolated, low, repeated, or widespread basis.

2. B. For purposes of §A of this regulation, intermediate sanctions include:

   1. (1) A directed plan of correction, when the licensee is directed to take a specific action by a certain date;
   2. (2) A mandatory staffing pattern, when the Administration defines for the licensee the level of individual supervision required at a particular site or program;
   3. (3) Mandatory training, when the Administration identifies deficient areas in which training is needed;
   4. (4) Individual relocation, when the Administration reserves the right to relocate an individual to another licensee in order to protect the health or safety of the individual;
   5. (5) Expansion ban, when the Administration retains the authority to prohibit the licensee from obtaining additional sites, admitting individuals, or providing additional services at the site;
   6. (6) Imposition of an intensive monitoring protocol by the Administration; or
   7. (7) Imposition of a temporary site monitor, when the Administration maintains an on-going physical presence for the purpose of providing assistance and evaluating the extent of the licensee's corrective actions.

Authority: Health-General Article, §7-904, Annotated Code of Maryland

Effective date: January 7, 1974

Regulations .01 — .27 amended effective July 25, 1980 (7:15 Md. R. 1425)

Regulations .01 — .27, Group Homes for the Mentally Retarded, repealed effective September 21, 1986 (13:19 Md. R. 2121)

Regulations .01 — .07, Community Residential Services for Mentally Retarded and Nonretarded Developmentally Disabled Individuals, adopted effective September 12, 1986 (13:19 Md. R. 2121)

Chapter revised effective December 26, 1988 (15:26 Md. R. 2983)

Chapter, Community Residential Services for Individuals with Developmental Disability, repealed and new chapter, General Provisions for Sanctions and Appeals, adopted effective July 26, 1999 (26:15 Md. R. 1148)