Title 37, Chapter 2, Section 40
( 37-2-40)
(a) No person shall discriminate or retaliate in any manner against
any service recipient or relative or guardian of a service
recipient, any employee of a services provider, or any other person
because of the making of a complaint or the providing of information
in good faith to the state ombudsman or community ombudsman. No
person shall willfully interfere with the state ombudsman or
community ombudsman in the performance of his or her official
duties. (b) A member of a regional board or community service board who
violates subsection (a) of this Code section shall be subject to
permanent removal from such board by the director of the division. (c) A services provider which violates subsection (a) of this Code
section shall be subject to one or more of the following sanctions
which may be imposed by the director of the division: (1) The termination of any contract for which state funds are
received for the provision of disability services if such contract
was executed on or after July 1, 2000; (2) The payment of a civil penalty not to exceed $5,000.00 for
each violation; or (3) Having to suspend without pay for a period of at least two
months or terminate any employee of such provider determined to
have committed the violation. (d) An action against a member of a regional board, community
service board, or services provider under this Code section shall be
a contested case within Article 1 of Chapter 13 of Title 50,
relating to administrative procedure. |