| (a) If the executive director imposes a sanction under
this subchapter, the department will notify the entity by certified
mail within five working days after the date of the executive director's
decision. The notice will:
(1) state the sanction and the time period of the sanction,
if applicable;
(2) summarize the facts and circumstances underlying
the sanction;
(3) explain how the sanction was selected;
(4) if applicable, inform the entity of the imposition
of a suspension under subsection (b) of this section; and
(5) state that the entity may appeal the sanction in
accordance with §10.256 of this subchapter (relating to Appeal
of Sanction, Final Order, and Effective Date).
(b) The executive director, concurrent with the delivery
of the notice of a sanction other than a reprimand, may suspend an
entity without a prior hearing. Before imposing a suspension, the
executive director will consider all relevant circumstances, including
the severity and willfulness of the conduct, the likelihood of immediate
harm to the public, and whether there has been a pattern of inappropriate
conduct. The suspension terminates when a final order on the sanction
is issued by the executive director under §10.256 of this subchapter
(relating to Appeal of Sanction, Final Order, and Effect Date).
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