Section 11-148.1-15 - Remedies(a) If the certifying agency determines that any person is violating any provision of this chapter, section 321-11.2, HRS, or the person's certificate of approval, the certifying agency shall send written notification of violation and order by certified mail to the person. The notice shall specify the alleged violation and the process to request in writing a hearing as outlined in this chapter. The order may require that the alleged violator do any or all of the following: (1) Cease and desist from the violation;(2) Follow a plan of correction and correct the violation at the alleged violator's expense;(3) Pay a fine not to exceed $500 per violation;(4) Abide by new conditions attached to a certificate of approval. Conditions that the certifying agency may impose on a certificate of approval include but are not limited to: (A) Restricting the total number of adults with I/DD based upon the certified caregiver's ability to meet the health and safety needs of the adults with I/DD;(B) Restricting the impairment level of adults with I/DD allowed in the home based upon the certified caregiver's ability to meet the health and safety needs of the adults with I/DD;(C) Requiring additional caregivers to meet the needs of the adults with I/DD;(D) Requiring additional qualifications or training of the certified caregivers or substitute caregivers to meet specific individual care and service needs;(E) Requiring additional documentation; or(F) Restricting certified caregivers from allowing person on the premises who may be a threat to an individual's health, safety, or welfare.(b) The order may also revoke a certificate of approval pursuant to section 11-148.1-17.(c) Subject to subsection (a), the order shall become final thirty days upon receipt of the notice of denial or revocation unless the alleged violator requests in writing a hearing as outlined in this chapter.Haw. Code R. § 11-148.1-15
[Eff 8/2/2021] (Auth: HRS §§ 321-9, 321-11.2) (Imp: HRS § 321-11.2)