| (a) Out-of-cycle inspections are those required in
addition to periodic inspections required under §91.52 for licensed
facilities to ensure compliance with this chapter.
(b) To determine which licensees will be subject to
out-of-cycle inspections, the department has established criteria
and frequencies for inspections.
(c) The owner of the facility shall pay the fee required
under §91.80 for each out-of-cycle inspection.
(d) Facilities subject to out-of-cycle inspections
may be scheduled for inspection based on the following risk criteria
and inspection frequency:
Attached Graphic
(e) At the time of inspection of a licensee, the licensee
or representative must, upon request, make available to the inspector,
records, notices and other documents required by this chapter.
(f) On completion of the out-of-cycle inspection and
while at the facility, the inspector shall leave with the licensee
or representative a preliminary report on a form approved by the department
listing the items not meeting the requirements of this chapter. The
preliminary report required by this section is in addition to the
completed report required by this chapter and does not affect the
validity of the completed detailed report.
(g) The inspection report will identify violations
that must be corrected by the licensee. The report may also indicate
recommended corrective actions required to address the violations.
Additionally, the department may assess administrative penalties and/or
administrative sanctions for violations identified during the out-of-cycle
inspection.
(h) Facilities on a Tier 1 out-of-cycle inspection
schedule that have two inspections with no violations or a Tier 2
out-of-cycle inspection schedule that have three inspections with
no violations may be moved to a less frequent out-of-cycle inspection
schedule or returned to a periodic schedule of inspections. The department
will notify the licensee, in writing, if there is a change in the
facility's out-of-cycle schedule or if the facility is returned to
a periodic inspection schedule.
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