7 AAC 75.510. VIOLATION CONFERENCE.

(a) At any time after an assisted living home has received a notice of violation under AS 47.33.530, the home or the licensing agency may
request a conference to discuss the violation and the home’s options for correcting the violation. A conference, conducted in person or by telephone, will be held no later than seven days after the request is made.
(b) A request for a conference does not extend any other time periods provided for in this

7 AAC 75.520. REPORT OF COMPLIANCE IN RESPONSE TO NOTICE OF VIOLATION.

(a) Upon correction of a violation described in a notice of violation, an assisted living home shall, within 10 days after correcting the violation, submit to the licensing agency a written report of compliance. The licensing agency may provide a copy of the report or require the home to provide a copy of the report to each resident of the home or to each resident’s representative. The report of
compliance must be signed by the administrator of the home and must contain a statement in which the administrator attests to the truth of the contents of the report.
(b) A report of compliance must state how the home corrected each violation listed in the notice of violation.
(c) A report of compliance is a public record. The licensing agency will retain it with the notice of violation to which it refers.
(d) The licensing agency may reinspect the home within 30 days after receiving a report of compliance, upon consideration of the nature of the violation and the terms of correction.

7 AAC 75.530. VIOLATION CONSTITUTING AN EMERGENCY.

(a) If the licensing agency determines that a violation cited by the agency in a notice of violation issued under AS 47.33.530 constitutes an emergency because of imminent threat to the health or safety of residents, the licensing agency
(1) will, in the notice of violation, state the nature of the emergency, the actions required to comply with AS 47.33 and this chapter, and a specific date and time for the home to correct the violation; and
(2) will determine whether the violation has been corrected within the date and time specified in the notice.
(b) An assisted living home subject to a notice of violation constituting an emergency shall post the notice in a conspicuous location at the home until the licensing agency has determined that the violation has been corrected.

7 AAC 75.540. TEMPORARY INABILITY TO CORRECT A VIOLATION CONSTITUTING AN EMERGENCY.

If an assisted living home is temporarily unable to correct a violation constituting an emergency, the home shall
(1) notify the licensing agency of the inability to correct the violation, submit a plan of correction indicating the time required to complete the correction, and submit a plan for alternative care arrangements to be used by the home until the violation is corrected; and
(2) provide notice as required by 7 AAC 75.340 that an emergency exists and that the violation cannot be corrected immediately to
(A) each resident of the home or the representative of each resident;
(B) the providers of services to or treatment of the residents; and
(C) the residents’ service coordinators.

7 AAC 75.550. REFUSAL TO CORRECT A VIOLATION CONSTITUTING AN EMERGENCY.

If an assisted living home refuses, or fails for reasons other than inability, to correct a violation constituting an emergency within the date and time specified in the notice of violation, and the licensing agency determines that the home has the ability to correct the violation, the licensing agency will
(1) impose one or more of the administrative sanctions provided for in AS 47.33.550 and 7 AAC 75.570; and
(2) provide notice as required by 7 AAC 75.340 that an emergency exists and the violation has not been corrected to
(A) each resident of the home or the representative of the resident;
(B) the agencies that provide services or treatment to the residents;
(C) the resident’s service coordinators; and
(D) adult protective services in the Department of Administration, division of senior services.

7 AAC 75.560. SANCTIONS BASED ON CONVICTION OF ADMINISTRATOR.

If the criminal conviction of an assisted living home administrator forms the basis of a possible administrative sanction against the home under AS 47.33.550 and 7 AAC 75.570, the licensing agency will take into consideration whether the conviction poses a risk to residents or has an adverse effect on the safety or effective operation of the home.

7 AAC 75.570. SANCTIONS FOR NONCOMPLIANCE.

(a) The licensing agency will consider the following factors in determining an administrative sanction under AS 47.33.550:
(1) the nature and extent of the violation, and the extent to which the health or safety of residents is adversely affected, specifically considering whether the assisted living home’s noncompliance
(A) is likely to have only a minor negative impact on a resident;
(B) results in minimal physical, mental, or psychosocial discomfort to a resident;
(C) results in actual harm to a resident as evidenced by compromising a resident’s ability to maintain physical, mental, or psychosocial well-being; or
(D) results in a situation in which immediate corrective action is necessary because the noncompliance has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident;
(2) whether the violation substantially limits the home’s ability to render adequate care;
(3) whether the home has a history of violations, and, if so, the nature of the violations and whether the previous violations were corrected;
(4) whether the home failed to provide records to the licensing agency upon request; and
(5) whether the home has submitted false or fraudulent information to the licensing agency.
(b) If the licensing agency imposes an administrative sanction, the administrator may appeal that action as described in AS 47.33.550

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