Section 11-89-23 - Violations(a) If the department determines that any of the requirements of this chapter has been violated, the department shall notify the administrator of such violations in writing. In such notice the department shall set forth the specific violations and may establish a specific time for the correction of each violation, and approve or disapprove a written plan of correction submitted by the administrator for each correctable violation.(b) If violations are serious or substantive or if violations are not corrected within the time specified in the notice or in the accepted plan of correction, the department may do one or more of the following: (1) Impose fines, as stated in section 321-20, HRS;(2) Place restrictions on the license;(3) Revoke the license; or(4) Issue a provisional license.(c) Serious or substantive violations which may result in administrative fines, license restriction, or license revocation include, but are not limited to: (1) Mental, sexual or physical abuse or neglect of residents;(2) Misappropriation of residents' funds or belongings;(3) Failure to obtain department, approval prior to engaging in thirty hours or more per week of employment outside of the facility;(4) Absence of the caregiver from the facility without substitution by a responsible adult or as prescribed in the resident's individual plan;(5) Admitting residents to the home in excess of the licensed capacity;(6) Admitting intermediate, skilled or acute care level residents to the facility;(7) Failure to properly safeguard all medications and comply with physician's orders;(8) Failure to correct cited deficiencies within the time specified by the department;(9) Failure to practice evacuation drills;(10) Failure to inform residents of their rights on or before admission;(11) Violations which threaten the health and safety of the residents;(12) Failure to provide and implement a plan of care; and(13) Transfer of residents to another facility without informing the agency or person responsible for paying all or a portion of the resident's care,(d) Each decision of the department shall become final thirty days after notice of the decision unless within those thirty days the alleged violator requests in writing a hearing before the director. Upon such request, the director shall specify a time and place for the alleged violator to appear pursuant to chapter 91, HRS, and the department's rules of practice and procedure.[Eff FEB 03 1992] (Auth: HRS §§ 321-9, 321-11, 321-15.9, 321-20) (Imp: HRS § 321-15.9)