Current through Register Vol. 48, No. 38, September 20, 2024
a) Report
of Findings
Upon completion of an investigation pursuant to Section 23 of
the Act, a regional authority shall prepare a proposed report of findings,
including recommendations where appropriate, to be presented for discussion at
the next regular meeting or such special meeting that is called to discuss the
proposed report.
b) Review
by Program Director
At least ten days prior to the date set by a regional authority
for consideration of a proposed report of findings, a copy of the proposed
report and any recommendations shall be forwarded to the Program Director for
review. A regional authority shall not adopt a proposed report that has been
forwarded to the Program Director less than 10 days prior to the meeting unless
the Program Director determines that findings of fact and recommendations are
clearly specified and supported by the record.
c) Consideration and Adoption of Report by
Regional Authority
1) Except as provided in
subsection (c)(3) below, the proposed report of findings and any
recommendations shall be considered and adopted by a regional authority only at
a regularly scheduled or special meeting upon majority vote of the members in
attendance and constituting a quorum. Any and all proposed findings and
recommendations that the regional authority intends to include in the report
shall be considered and discussed only in a closed session to insure that the
provider, State Agency, or other person investigated shall have an opportunity
to review and object to any such proposed public findings and recommendations
prior to publication as provided in Section 26 of the Act.
2) The regional authority shall record in its
minutes Section 21 of the Act as the statutory basis for the closed
session.
3) In the event that there
is not quorum present and where the chairperson and a majority of those present
deem it necessary to immediately send the report of findings to the service
provider, a telephone poll of those not present may be taken for purposes of
obtaining a majority vote. The decision shall be presented for ratification at
the next meeting at which a quorum is present.
4) Within ten days of its adoption, the
report and any recommendations shall be sent to the providers investigated with
notification of the statutory obligation to submit a response to the authority
within thirty days from the date of receipt. This same notification shall
inform the provider that the report may be made public after this 30 day
response period pursuant to Section 19 and 26 of the Act and of his right under
Section 26 of the Act to object to the findings and recommendations of the
regional authority. At the same time, a copy of the report and any
recommendations shall be sent to the Program Director for forwarding to the
Commission. The complainant and any eligible person shall, within ten days
after the completion of the investigation, be notified of the outcome of the
investigation and any action taken thereon.
5) Upon request, the regional Authority
should assist a provider in interpreting the report of findings and any
recommendations.
d)
Public Release of Reports
1) In the interest
of fairness to the provider a regional authority shall contact orally or in
writing to elicit a response from the provider, before publicly disclosing
findings and recommendations.
2)
Pursuant to Sections 19 and 26 of the Act and after the 30 days response period
has elapsed, the regional authority may make public its report of findings, and
any recommendations, upon a majority vote of the members in attendance and
constituting a quorum at a regularly scheduled or special meeting.
3) If a response or objection has been
received, it shall be attached to the report of findings and any
recommendations and may be made public pursuant to Section 26 of the Act only
if the provider requests.
4) If no
response has been received within the statutory thirty day period, the report
of findings and any recommendations may be made public pursuant to Section
26.
5) The provider and complainant
shall be notified in writing within 10 days after the case is officially
closed.
6) The provider shall be
notified if and when the regional authority makes public its report.
e) Closure
A case shall be closed upon a majority vote of the members in
attendance and constituting a quorum at a regularly scheduled or special
meeting. In the event that there is no quorum present and where the chairperson
and a majority of those present deem it necessary to immediately close the
case, a telephone poll of those not present may be taken for purposes of
obtaining a majority vote. The decision shall be presented for ratification at
the next meeting at which a quorum is present.
