440 Ind. Admin. Code 10-4-41

Current through June 26, 2024
Section 440 IAC 10-4-41 - Penalties and appeals

Authority: IC 12-23-1-6; IC 12-23-18

Affected: IC 4-21.5; IC 12-23-18-5.8

Sec. 41.

(a) The division director may take any of the following actions based on any grounds described in subsection (b):
(1) Issue a letter of correction to the OTP.
(2) Reinspect the OTP.
(3) Issue a notice of conditional status of the OTP's specific approval.
(4) Deny the renewal of or revoke the OTP's specific approval.
(5) Impose a civil penalty in an amount not exceeding ten thousand dollars ($10,000).
(b) The division director may take action under subsection (a) based on any of the following grounds:
(1) Violating, or failing to comply with, either of the following:
(A) IC 12-23-18.
(B) This rule.
(2) Permitting, aiding, or abetting the commission of any illegal act in an OTP facility.
(3) Conduct or a practice found by the director to be detrimental to the welfare of an OTP patient.
(c) IC 4-21.5, the administrative orders and procedures act, applies to an action under this rule.

440 IAC 10-4-41

Division of Mental Health and Addiction; 440 IAC 10-4-41; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR-440080412FRA
Readopted filed 5/10/2016, 11:24 a.m.: 20160608-IR-440160134RFA
Readopted filed 11/9/2022, 4:31 p.m.: 20221207-IR-440220292RFA