R432-3-5. Statement of Findings

  (1) Whenever the Department has reason to believe that a health facility or agency is in violation of Title 26, Chapter 21 or any of the rules promulgated by the Health Facility Committee, the Department shall serve a written Statement of Findings to the licensee or his designee within the following timeframe.

  (a) Statements for Class I are served immediately.

  (b) Statements for Class II violations are served within ten working days.

  (2) Violations shall be classified as Class I or Class II violations.

  (a) "Class I Violation" means any violation of a statute or rule relating to the operation or maintenance of a health facility or agency which presents imminent danger to patients or residents of the facility or agency or which presents a clear hazard to the public health.

  (b) "Class II Violation" means any violation of a statute or rule relating to the operation or maintenance of a health facility or agency which has a direct or immediate relationship to the health, safety, or security of patients or residents in a health facility or agency.

  (3) The Department may cite a facility or agency with one or more rule or statute violations. If the Department finds that there are no violations, a letter shall be sent to the facility acknowledging the inspection findings.

  (4) The Statement of Findings shall include:

  (a) the statute or rule violated;

  (b) a description of the violation;

  (c) the facts which constitute the violation; and

  (d) the classification of the violation.