Sec. 11. (a) Upon a determination by the bureau that a provider has violated this article or a rule adopted under this article, the director shall issue a citation under IC 4-21.5-3-6 to the provider. The citation must state the following: (1) The nature of the violation. (2) The classification of the violation. (3) The corrective actions required of the provider to remedy the breach and to protect clients of the provider. (4) Any penalty imposed on the provider. (b) A person aggrieved by a citation issued under this section may request a review under IC 4-21.5-3-7 . If a request for a hearing is not filed within the fifteen (15) day period, the determination contained in the citation is final. (c) The bureau may impose the following remedies for a violation of this article or a rule adopted under this article: (1) Issuance of an order for immediate correction of the violation. (2) Imposition of a fine not to exceed ten thousand dollars ($10,000). (3) Suspension of new clients by the provider for a period not to exceed ninety (90) days. (4) Revocation of the provider's license or issuance of a probationary license. (5) A requirement that the provider comply with any plan of correction approved or directed by the division. (d) In determining appropriate remedies under this section for a violation, the bureau shall consider the following: (1) Whether the violation occurred for reasons beyond the provider's control. (2) Whether the provider has demonstrated that the provider has taken the appropriate steps to reasonably ensure that the violation will not recur. (3) The history of violations by the provider. (4) The effect of the violation on the client. (5) The degree of the violation. IC 12-11-2 Chapter 2. Repealed [Pre-1992 Revision Citations: 12-11-2-1 formerly 4-28-22-1 12-11-2-2 formerly 4-28-22-3 12-11-2-3 formerly 4-28-22-4 12-11-2-4 formerly 4-28-22-5 12-11-2-5 formerly 4-28-22-6 12-11-2-6 formerly 4-28-22-7 12-11-2-7 formerly 4-28-22-8 12-11-2-8 formerly 4-28-22-9 12-11-2-9 formerly 4-28-22-10 12-11-2-10 formerly 4-28-22-11 12-11-2-11 formerly 4-28-22-12 12-11-2-12 formerly 4-28-22-13.] IC 12-11-2.1 Chapter 2.1. Service Coordination Services for Developmentally Disabled Individuals 12-11-2.1-1 Diagnostic assessment 12-11-2.1-2 Service coordination services 12-11-2.1-3 Services provided through individual service plan 12-11-2.1-4 Placement authority 12-11-2.1-5 Authorizing services for individual in community based setting 12-11-2.1-6 Approval of placement in intermediate care facility 12-11-2.1-7 Service plan for individual discharged or on outpatient status from state institution 12-11-2.1-8 Repealed 12-11-2.1-9 Memorandum of understanding concerning referrals 12-11-2.1-10 Personal and vocational counselors required 12-11-2.1-11 Decertified individuals receiving services; resources 12-11-2.1-12 Rules
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