HARRY HUGHES, Governor                                     3161

(II)  THE PERIOD OF TIME DURING WHICH THE
CONDITION HAS EXISTED;

(III)  THE FREQUENCY OF OCCURRENCE OF THE
CONDITION; AND

(IV)  THE EFFORTS MADE BY THE RELATED
INSTITUTION TO CORRECT THE CONDITION.

(3) UPON DETERMINATION BY THE DEPARTMENT THAT A
HAZARDOUS CONDITION EXISTS, THE DEPARTMENT WILL NOTIFY THE
FACILITY THAT A HAZARDOUS CONDITION EXISTS WHICH MAY SUBJECT THE
FACILITY TO A SANCTION.

(B) (1) THE DEPARTMENT SHALL ORDER THAT A PLAN OF
CORRECTION WHICH IS ACCEPTABLE TO THE DEPARTMENT BE SUBMITTED
WITHIN 10 WORKING DAYS.

(2)  THE DEPARTMENT SHALL NOTIFY THE RELATED
INSTITUTION WITHIN 3 WORKING DAYS OF RECEIPT OF THE PLAN OF
CORRECTION AS TO WHETHER IT IS OR IS NOT ACCEPTABLE.

(3)  IF THE DEPARTMENT DETERMINES THAT THE PLAN IS NOT
ACCEPTABLE, THE RELATED INSTITUTION WILL RESUBMIT A REVISED PLAN
WITHIN 5 WORKING DAYS OF SUCH NOTIFICATION.

(4)  THE DEPARTMENT WILL SCHEDULE REINSPECTIONS OF THE
FACILITY BASED ON TIME FRAMES ESTABLISHED IN THE PLAN OF
CORRECTION.

(C) (1) IF THE DEPARTMENT DETERMINES THAT AN ACCEPTABLE
PLAN OF CORRECTION HAS NOT BEEN SUBMITTED, THAT THE HAZARDOUS
CONDITION HAS NOT BEEN CORRECTED, OR THAT PROGRESS SATISFACTORY
TO THE DEPARTMENT HAS NOT BEEN ACCOMPLISHED, THE DEPARTMENT SHALL
ORDER THE FACILITY OWNERSHIP AND APPROPRIATE ADMINISTRATIVE
PERSONNEL TO APPEAR BEFORE A REPRESENTATIVE OF THE DEPARTMENT.

(2) FOLLOWING THE APPEARANCE, OR IF THE FACILITY
OWNERSHIP FAILS TO APPEAR, A DECISION MAY BE ISSUED WHICH:

(I)  EXTENDS THE TIME FRAME IN WHICH THE
HAZARDOUS CONDITION MUST BE CORRECTED; OR

(II)  PROPOSES THE IMPOSITION OF THE SANCTION.

(D)  (1) IF A SANCTION IS PROPOSED, OR IF AT THE END OF THE
EXTENDED TIME FRAME THE HAZARDOUS CONDITION HAS NOT BEEN
CORRECTED, THE SECRETARY MAY ISSUE A SANCTION ORDER.

(2) THE SANCTION ORDER SHALL STATE THE NUMBER OF DAYS
WITHIN WHICH THE HAZARDOUS CONDITION MUST BE CORRECTED AND SHALL
REQUIRE THE RELATED INSTITUTION TO ESTABLISH AN ESCROW ACCOUNT IN
ACCORDANCE WITH § 19-363.