1. (1) At the department's discretion, when a program is not in compliance with this chapter or Title 52, chapter 2, part 7, MCA, a corrective action plan may be required.

2. (2) The department will apply progressive corrective actions in plans based on:

   1. (a) the scope and severity of non-compliance;
   2. (b) the potential threat or actual harm to the health, safety, and well-being of the children in care;
   3. (c) the number of times the licensee or registration holder has not complied with rules in this chapter or under Title 52, chapter 2, part 7, MCA; and
   4. (d) mitigating and aggravating factors.

3. (3) The department's corrective action plan includes:

   1. (a) a description of non-compliance and the rule or law that was violated;
   2. (b) the date by which the finding of non-compliance must be corrected; and
   3. (c) information about other licensing or registration actions that may be imposed if compliance does not occur by the required date.
4. (4) The provider must submit a response within ten business days of receiving the corrective action plan, including a statement from the provider regarding the proposed plan to comply with the rule or law.
5. (5) The provider may submit additional information as to why the provider believes non-compliance did not occur.

Authorizing statute(s): 52-2-704, MCA

Implementing statute(s): 52-2-704, 52-2-723, 52-2-726, MCA

History: NEW, 2025 MAR, 37-1044, Eff. 5/1/25.