630.745. Noncompliance with law revealed by inspection--procedure--corrective measures, time limit--reinspection, when--probationary license--posting of noncompliance notices.
Noncompliance with law revealed by inspection--procedure--correctivemeasures, time limit--reinspection, when--probationarylicense--posting of noncompliance notices.
630.745. 1. If a duly authorized representative of thedepartment finds upon inspection of a residential facility or dayprogram that it is not in compliance with the provisions ofsections 630.705 to 630.760, and the standards establishedthereunder, the head of the facility or program shall be informedof the deficiencies in an exit interview conducted with him. Awritten report shall be prepared of any deficiency for whichthere has not been prompt remedial action, and a copy of suchreport and a written correction order shall be sent to the headof the facility or program by certified mail, return receiptrequested, at the facility or program address within twentyworking days after the inspection, stating separately eachdeficiency and the specific statute or regulation violated.
2. The head of the facility or program shall have twentyworking days following receipt of the report and correction orderto request any conference and to submit a plan of correction forthe department's approval which contains specific dates forachieving compliance. Within ten working days after receiving aplan of correction, the department shall give its writtenapproval or rejection of the plan.
3. A reinspection shall be conducted within fifty-five daysafter the original inspection to determine if deficiencies arebeing corrected as required in the approved correction plan orany subsequent authorized modification. If the facility orprogram is not in substantial compliance and the head of thefacility or program is not correcting the noncompliance inaccordance with the time schedules in his approved plan ofcorrection, the department shall issue a notice of noncompliance,which shall be sent by certified mail, return receipt requested,to the head of the facility or program.
4. The notice of noncompliance shall inform the head of thefacility or program that the department may seek the impositionof any of the sanctions and remedies provided for in section630.755, or any other action authorized by law.
5. At any time after an inspection is conducted, the head ofthe facility or program may choose to enter into a consentagreement with the department to obtain a probationary license.The consent agreement shall include a provision that the head ofthe facility or program will voluntarily surrender the license ifsubstantial compliance is not reached in accordance with theterms and deadlines established under the agreement. Theagreement shall specify the stages, actions and time span toachieve substantial compliance.
6. If a notice of noncompliance has been issued, the head ofthe facility or program shall post a copy of the notice ofnoncompliance and a copy of the most recent inspection report ina conspicuous location in the facility or program, and thedepartment shall send a copy of the notice of noncompliance toany concerned federal, state or local governmental agencies.
(L. 1980 H.B. 1724)