7 Alaska Admin. Code § 10.9610

Current through September 25, 2024
Section 7 AAC 10.9610 - Plan of correction
(a) The plan of correction required under AS 47.32.140(b) must contain the following information for each violation identified in the report issued under AS 47.32.120(a):
(1) each action that will be taken to correct the violation;
(2) each measure that will be taken or change that will made to ensure the violation does not recur;
(3) how the entity will monitor each corrective action to ensure the violation is cured and will not recur;
(4) the date on or before which the violation will be cured.
(b) The plan of correction must be signed by the administrator or another person responsible for operation of the entity.
(c) If the department determines that any recipients of services were affected by a violation, the department may also require the entity to describe
(1) each corrective action that will be taken with regard to those recipients; and
(2) how the entity will identify other recipients of services who might be affected by the violation, and what corrective action will be taken.
(d) The entity may request that the plan of correction also act as the allegation of compliance required under 7 AAC 10.9615 if each violation listed in the report has been corrected before submission of the plan of correction.
(e) The department will review a plan of correction submitted under (a) - (d) of this section to determine whether the plan is acceptable. If the department determines that the plan is unacceptable, the department may
(1) request additional information regarding one or more corrective actions described in the plan;
(2) require the entity to amend the plan as directed by the department;
(3) require the entity to comply with a plan of correction developed by the department under (g) of this section.
(f) If the department finds that an entity has failed to correct a violation of an applicable statute or regulation within the time specified by the department under AS 47.32.140(a), has failed to submit a plan of correction for department approval under AS 47.32.140(b), or has submitted an unacceptable plan, the department may require the entity to participate in a plan of correction developed by the department under (g) of this section.
(g) In a plan of correction developed by the department, the department will describe each violation, specify each corrective action the entity must take to correct the violation, and specify the date on or before which the entity must cure the violation. The department will notify the entity in writing of a decision to require compliance with a plan of correction developed under this subsection, and will provide a copy of the plan of correction with the notice. In the notice, the department will describe any enforcement action under AS 47.32.140(d) and (f) that the department intends to take, regardless of whether the violation is cured.
(h) The department may conduct a follow-up inspection to determine compliance with the plan of correction.
(i) The entity shall keep on the premises a copy of each inspection document described in AS 47.32.180(b) for at least three years from the date of inspection and shall make each document available to any interested person upon request.

7 AAC 10.9610

Eff. 6/23/2006, Register 178

Authority:AS 18.05.010

AS 18.05.040

AS 44.29.020

AS 47.14.120

AS 47.32.010

AS 47.32.030

AS 47.32.050

AS 47.32.060

AS 47.32.100

AS 47.32.110

AS 47.32.120

AS 47.32.130

AS 47.32.140

AS 47.33.005

AS 47.33.010