investigation - Complaint. A. The operation or maintenance of a group home in violation of the Group Homes for Persons with Developmental or Physical Disabilities Act, or of the rules promulgated by the Commission for Human Services, is declared a public nuisance inimical to the public welfare. The Director of Human Services, in the name of the people of the state, or through the Attorney General or the district attorney of the county in which the group home is located may, in addition to other remedies herein provided, bring action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such group home. B. 1. Any person with personal knowledge or substantial specific information who believes that the Group Homes for Persons with Developmental or Physical Disabilities Act or a rule promulgated pursuant thereto may have been violated, may request an investigation. The request may be submitted to the Department of Human Services in writing, by telephone, or personally. An oral complaint shall be reduced to writing by the Department. Provided that any person who willfully or recklessly makes a false complaint without a reasonable basis in fact for such a complaint under the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall be liable in a civil suit for any actual damages, including attorneys' fees and costs, suffered by a group home so requested to be investigated, and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury when deemed proper by the court or jury. 2. The substance of the complaint shall be provided to the provider no earlier than at the commencement of the on-site inspection of the group home which takes place pursuant to the complaint. 3. The Commission shall promulgate rules to protect the identity of the complainant, provided that such complainant is presently a resident or resident's representative or such complainant is presently an employee of the group home. 4. Upon receipt of a complaint, the Department shall investigate whether the Group Homes for Persons with Developmental or Physical Disabilities Act or a rule promulgated pursuant thereto has been or is being violated. Allegations of abuse, neglect, or exploitation shall be investigated by appropriate authorities in accordance with state law. Other complaints shall be evaluated by authorized Department staff and investigated timely based on the nature of the complaint. A determination about a complaint shall be made in writing. The determination shall state the reasons therefor. 5. In all cases, the Department shall inform the group home and the complainant, if so requested by the complainant, of its findings within ten (10) days of its determination. The notice of such findings shall include a copy of the written determination, the correction order, if any, the warning notice, if any, and the state licensure or regulatory requirement, or both, on which the violation is listed. 6. A written determination, correction order or warning notice concerning a complaint shall be available for public inspection from the Department. 7. The Department shall issue a written determination which shall serve as a final appealable order subject to trial de novo in the appropriate district court. 8. The Commission shall establish any additional rules necessary for the investigation and hearing of complaints as provided herein, and is authorized to employ hearing officers. Added by Laws 1987, c. 225, § 7, eff. July 1, 1987. Amended by Laws 1994, c. 236, § 7, eff. Sept. 1, 1994; Laws 1996, c. 155, § 7, eff. Nov. 1, 1996; Laws 1996, c. 354, § 7, eff. Nov. 1, 1996. Renumbered from § 1-818.7 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996. Amended by Laws 2006, c. 137, § 4, eff. Nov. 1, 2006.
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