| (a) If the Department receives any complaint, it shall
investigate it by appropriate means, including the conducting of a
complaint inspection. Any complaint inspection will be conducted after
giving the Provider notice of the inspection and an opportunity to
be present. The complainant will be contacted by the Department as
soon as possible but no later than 10 days of making a complaint and
such a call may be relayed to local authority(s) if a possible life
threatening safety or health issue is involved.
(b) A Licensee, through its Provider, shall be provided
a copy of any complaint (or, if the complaint was made verbally, a
summary of the matter) and given a reasonable opportunity to respond.
Generally, this shall be 10 business days.
(1) Complaints may be made in writing or by telephone
to 1-833-522-7028.
(2) Complaints may be made in English, Spanish, or
other language.
(3) To the fullest extent permitted by applicable law,
the identity of any complainant shall be maintained as confidential
(unless the complainant specifically consents to the disclosure of
their identity or requests that the Department disclose their identity).
(4) Licensees and Providers shall not engage in any
retaliatory action against an Occupant for making a complaint in good
faith.
(c) If any complaint involves matters that could pose
an imminent threat to health or safety, all time frames shall be accelerated,
and such complaint shall be addressed as expeditiously as possible.
(d) The Department may conduct interviews, including
interviews of Providers and Occupants, and review such records as
it deems necessary to investigate a complaint.
(e) The Department shall review the findings of any
inspection and its review and, if it finds a violation of the Act
or these rules to have occurred, issue a notice of violation.
(f) A notice of violation and order will be sent to
the Licensee to the attention of the Provider.
(g) The notice of violation will set forth:
(1) The complaint or other matter made the subject
of the notice;
(2) The findings of fact;
(3) The specific provisions of the Act and/or these
rules found to have been violated;
(4) The required corrective action;
(5) Any administrative penalty or other sanction to
be assessed; and
(6) The timeframe for the Licensee either to agree
to the recommended corrective action, and accept the administrative
penalties and/or sanctions, or to appeal the matter.
(h) The order will set forth:
(1) The complaint or other matter made the subject
of the order;
(2) The findings of fact;
(3) The specific provisions of the Act and/or these
rules found to have been violated;
(4) The required corrective action;
(5) Any administrative penalty or other sanction assessed;
and
(6) The date on which the order becomes effective if
not appealed or otherwise resolved.
(i) Complaints regarding Migrant Labor Housing Facilities
will be addressed under this section, and not §1.2 of this title,
relating to Department Complaint System to the Department.
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