| (C) If a decision is made to issue a written reprimand,
the written reprimand will be accompanied by a summary of the evidence
justifying the reprimand, suggested steps for correcting the violation,
and the consequences of not correcting the violation. All reprimands
shall contain notice of the licensee's right to appeal the reprimand
and a statement that failure to correct the violation may result in
further administrative action.
(D) If a decision is made to place a licensee on probation,
the Agency shall deliver to the licensee a letter of probation containing
the following:
(i) the specific reasons for probation;
(ii) the remedial action required to remove the licensee
from probation;
(iii) the time within which the remedial action must
take place;
(iv) the consequences of failure to take remedial action
within the prescribed time frame; and
(v) notice of the licensee's right to appeal.
(E) Upon satisfactory completion of the remedial action
outlined in the letter of probation, a licensee shall be removed from
probation.
(F) Failure of the licensee to complete remedial requirements
within the prescribed time frame shall result in one or more of the
following actions:
(i) required training;
(ii) extension of probation;
(iii) restrictions on applying for another facility;
(iv) removal from the facility; or
(v) termination of license.
(G) If, after the manager has had an opportunity to
respond, a decision is made that sufficient grounds exist to remove
the manager from a facility, the Agency shall notify the manager in
writing by hand delivery or certified mail with a return receipt requested
that the manager's assignment to the BET facility has been terminated
and the manager must vacate the facility. The removal letter shall
contain the following information:
(i) specific reasons for removal from the facility;
(ii) actions required by the manager, if any;
(iii) requirements for obtaining reassignment; and
(iv) notice of the manager's right to appeal under
the Act.
(H) If, after the manager has had an opportunity to
respond, a decision is made that sufficient grounds exist for termination,
the Agency shall notify the manager in writing by hand delivery, e-mail,
or certified mail with a return receipt requested that the Agency
has decided that sufficient cause exists to terminate the manager's
license and the manager must vacate the facility. The termination
letter shall contain:
(i) specific reasons for termination;
(ii) actions required by the licensee, if any;
(iii) procedures for applying for any other Agency
services for which the individual may be eligible; and
(iv) notice of the licensee's rights under the Randolph-Sheppard
Act.
(3) The provisions of paragraph (2) of this subsection
notwithstanding, pending a determination with respect to administrative
action, a manager may be removed from a facility if the Agency considers
such removal to be in the best interest of BET and if efforts to correct
the deficiencies have been unsuccessful.
(4) During the license termination process, the manager
shall not be eligible for assignment to any other BET facility.
(d) Before termination of a license, the Agency shall
afford the licensee an opportunity for a full evidentiary hearing
as described in §854.82(e) of this title (relating to Procedures
for Resolution of Manager's Dissatisfaction).
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