D.C. Mun. Regs. r. 22-A3811

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 22-A3811 - DEPARTMENTAL OVERSIGHT AND INVESTIGATIONS
3811.1

Any person may file a complaint with the Director alleging violations of the requirements of this chapter, and the Director may conduct unannounced investigations and inspections to determine the validity of the complaint.

3811.2

The Director shall conduct licensure inspections and review records including resident records, personnel records, administrative and financial records as authorized by §§ 3803 and 3811.1, and as required by §§ 3806, 3808.2, and 3813.3. In addition, the Director shall inspect facilities:

(a) As appropriate, when a complaint is received;
(b) In accordance with any schedule adopted by the Department; and
(c) When the Director, in his discretion, determines that an inspection is needed or appropriate.
3811.3

The Director shall require an Operator to correct any condition that violates this chapter within fourteen (14) days after the date the Operator is notified of the violation, except where the seriousness of the condition and its impact on residents requires a shorter time period, including the conditions provided in § 3811.4. The Director, in his or her discretion, may grant a reasonable extension of time for compliance, upon written request by the MHCRF, for good cause shown.

3811.4

The Director may require an Operator to immediately correct an emergency condition affecting resident health and safety within a time specified by the Director. These conditions include, but are not limited to the a lack of heat, extreme heat, lack of water, lack of hot water, lack of electricity, a stopped toilet, a broken window or door, lack of staff coverage, or a bug or rodent infestation.

3811.5

The Director shall issue a Statement of Deficiencies to the Operator, including the deadlines for correction of the deficiencies and for the Operator's submission of a written Plan of Correction.

3811.6

The Director, in his or her discretion, may grant a reasonable extension of time for correction of the deficiencies, upon written request by the MHCRF with good cause shown.

3811.7

Nothing in this section or § 3810 shall require the Director to issue a Statement of Deficiencies or allow the MHCRF an opportunity to abate a deficiency, prior to issuing a Notice of Infraction for violations of this chapter.

3811.8

NOIs shall be issued upon observation of violations of this chapter, especially when they are recurrent, endanger resident or staff health or safety, or when there is a failure to comply with core requirements of operating a MHCRF.

3811.9

If, after an investigation or inspection, the Director finds failure to meet or maintain the standards required by this chapter or violations of this chapter the Director may take appropriate action to deny renewal of, suspend, revoke or convert a license in accordance with the provisions of §§ 3814, 3815 or 3816.

3811.10

In addition to, or in lieu of, issuing a notice to deny renewal, suspend, revoke or convert a license, the Director may pursue any other available enforcement option, including those authorized by Section 10 of the Licensure Act (D.C. Official Code § 44-509) and the Civil Infractions Act.

D.C. Mun. Regs. r. 22-A3811

Final Rulemaking published at 64 DCR 1633 (2/16/2018)