Section 7.41.425. Sanctions for an intentional program violation.

	(a)  Subject to 7 AAC 41.430, if the department makes a determination under 7 AAC 41.415(c) that a family or provider committed an intentional program violation under 7 AAC 41.410, the department will send a written notice to the family or provider that  
		(1) includes the department's determination, and the basis for that determination;  
		(2) describes the action the department intends to take, and the effective date of that action; and  
		(3) advises the family or provider of the right to  
			(A) request an administrative review under 7 AAC 41.435 of the determination; or  
			(B) appeal the determination under 7 AAC 49.  
	(b)  A sanction imposed under this section is effective 15 days after the family or provider receives notice under (a) of this section unless the family or provider requests an administrative review under 7 AAC 41.435 or appeals the determination under 7 AAC 49.  
	(c)  The department may impose one or more sanctions under this section, including  
		(1) limiting the types of child care that may be used;  
		(2) limiting the number of children for whom a provider may provide care;  
		(3) suspending a provider or a family from the program, including suspending authorizations and payments for up to six months; or  
		(4) terminating a provider or a family from the program, including terminating authorizations and payments, and revoking approval status.  
	(d)  A provider may not bill the department or the designee for services provided under this chapter during a period of suspension, or for services provided after the provider is terminated from the program.  
	(e)  The department will remove a suspended provider from the list of eligible providers that is maintained under 7 AAC 41.445. The department will reinstate a provider to the list of eligible providers after the end of the provider's period of suspension if the provider continues to meet the applicable requirements of this chapter.  
	(f)  If termination from the program is imposed, the department will remove a provider from the list of eligible providers referred to in 7 AAC 41.445, effective on the date the department issues its final decision. A termination imposed by a final department decision is permanent, and the family or provider may not reapply to participate in the program.  

Authorities

47.05.010;47.25.001

Notes

Reference

7 AAC 41.407
7 AAC 41.410
7 AAC 41.415
7 AAC 41.450

Authority

AS 47.05.010 AS 47.25.001

History

Eff. 6/23/2006, Register 178