§ 7110. Violation; notice
(a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following:
(1) a description of each condition that constitutes a violation;
(2) each rule or statutory provision alleged to have been violated;
(3) the date by which the violation must be corrected;
(4) sanctions the licensing agency may impose for failure to correct the violation or failure to provide proof of correction by the date specified;
(5) the right to appeal the notice of violation as provided in section 7118 of this title; and
(6) the right to apply for a variance as provided in section 7106 of this title.
(b) The licensing agency may take immediate enforcement action when necessary to eliminate a condition which can reasonably be expected to cause death or serious physical harm to residents or staff before it can be eliminated through the provisions of section 7111 of this title. A licensing agency taking such action shall explain that action and the reasons for it in the notice of violation. (Added 1985, No. 151 (Adj. Sess.) § 8.)
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