Minnesota Administrative Rules

4680.1300 INADEQUATE OR IMPROPERLY FUNCTIONING MECHANISM.

Subpart 1.

Grounds.

The following violations of these rules shall constitute grounds for the issuance of a correction order:

A.

failure to have a grievance mechanism, as required under part 4680.0300;

B.

failure to designate an individual, by name or title, to be responsible for the operation of a grievance mechanism, as required under part 4680.0400;

C.

failure to have an individual within the facility and able to receive complaints during ordinary business hours, as required under part 4680.0500;

D.

failure to maintain complaint records, as required by part 4680.0800;

E.

failure to post notice, as required by part 4680.0900;

F.

failure to submit an annual report, as required by part 4680.1100; and

G.

failure to fulfill the criteria for content of the annual report, as required by part 4680.1100.

Subp. 2.

Time periods for correction.

In no case may the allowable period for correction of any of the violations in subpart 1 exceed 60 days. In no case may the allowable period for correction of violations in subpart 1, items D, F, or G be less than 20 days.

Subp. 3.

Fine amounts.

The amounts which shall be assessed in the event that the facility does not comply with correction orders within the allocated period of time are as follows:

A.

violations as described in subpart 1, item A up to $200 per violation;

B.

violations as described in subpart 1, item B to $100 per violation;

C.

violations as described in subpart 1, item C up to $150 per violation;

D.

violations as described in subpart 1, item D up to $50 per violation;

E.

violations as described in subpart 1, item E up to $100 per violation;

F.

violations as described in subpart 1, item F up to $200 per violation; and

G.

violations as described in subpart 1, item G up to $100 per violation.

Such fines are payable within 30 days of the assessment, unless there is a facility request for a hearing within that period. Such a request shall stay the collection of the assessed fines, pending the outcome of the hearing.

Statutory Authority:

MS s 144.691

Published Electronically:

May 12, 1997