# Mo. Rev. Stat. § 198.026: 198.026 Noncompliance, how determined — procedure to correct — notice — .. > Missouri · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.026 ## Section - **Citation:** Mo. Rev. Stat. § 198.026 - **Heading:** 198.026 Noncompliance, how determined — procedure to correct — notice — .. - **Jurisdiction:** Missouri - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MO Code / Chapter 198 / Section 198.026 ## Text 198.026. Noncompliance, how determined — procedure to correct — notice — reinspection — probationary license. — 1. Whenever a duly authorized representative of the department finds upon an inspection of a facility that it is not in compliance with the provisions of sections 198.003 to 198.096 and the standards established thereunder, the operator or administrator shall be informed of the deficiencies in an exit interview conducted with the operator or administrator, or his or her designee. The department shall inform the operator or administrator, in writing, of any violation of a class I standard at the time the determination is made. A written report shall be prepared of any deficiency for which there has not been prompt remedial action, and a copy of such report and a written correction order shall be sent to the operator or administrator by a delivery service that provides a dated receipt of delivery within ten working days after the inspection, stating separately each deficiency and the specific statute or regulation violated. 2. The operator or administrator shall have five working days following receipt of a written report and correction order regarding a violation of a class I standard and ten working days following receipt of the report and correction order regarding violations of class II or class III standards to request any conference and to submit a plan of correction for the department's approval which contains specific dates for achieving compliance. Within five working days after receiving a plan of correction regarding a violation of a class I standard and within ten working days after receiving a plan of correction regarding a violation of a class II or III standard, the department shall give its written approval or rejection of the plan. If there was a violation of any class I standard, immediate corrective action shall be taken by the operator or administrator and a written plan of correction shall be submitted to the department. The department shall give its written approval or rejection of the plan and if the plan is acceptable, a reinspection shall be conducted within twenty calendar days of the exit interview to determine if deficiencies have been corrected. If there was a violation of any class II standard and the plan of correction is acceptable, an unannounced reinspection shall be conducted between forty and ninety calendar days from the date of the exit conference to determine the status of all previously cited deficiencies. If there was a violation of class III standards sufficient to establish that the facility was not in substantial compliance, an unannounced reinspection shall be conducted within one hundred twenty days of the exit interview to determine the status of previously identified deficiencies. 3. If, following the reinspection, the facility is found not in substantial compliance with sections 198.003 to 198.096 and the standards established thereunder or the operator is not correcting the noncompliance in accordance with the approved plan of correction, the department shall issue a notice of noncompliance, which shall be sent by a delivery service that provides a dated receipt of delivery to the operator or administrator of the facility, according to the most recent information or documents on file with the department. 4. The notice of noncompliance shall inform the operator or administrator that the department may seek the imposition of any of the sanctions and remedies provided for in section 198.067 , or any other action authorized by law. t provides a dated receipt of delivery to the operator or administrator of the facility, according to the most recent information or documents on file with the department. 4. The notice of noncompliance shall inform the operator or administrator that the department may seek the imposition of any of the sanctions and remedies provided for in section 198.067 , or any other action authorized by law. 5. At any time after an inspection is conducted, the operator may choose to enter into a consent agreement with the department to obtain a probationary license. The consent agreement shall include a provision that the operator will voluntarily surrender the license if substantial compliance is not reached in accordance with the terms and deadlines established under the agreement. The agreement shall specify the stages, actions and time span to achieve substantial compliance. 6. Whenever a notice of noncompliance has been issued, the operator shall post a copy of the notice of noncompliance and a copy of the most recent inspection report in a conspicuous location in the facility, and the department shall send a copy of the notice of noncompliance to the department of social services, the department of mental health, and any other concerned federal, state or local governmental agencies. (L. 1979 S.B. 328, et al. § 9, A.L. 1984 S.B. 451, A.L. 1988 S.B. 602, A.L. 1994 H.B. 1335 & 1381, A.L. 2014 H.B. 1299 Revision, A.L. 2022 H.B. 2331 merged with S.B. 710) ## Nearby sections - [Mo. Rev. Stat. § 198.003 198.003 Citation of law.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.003.md) - [Mo. Rev. Stat. § 198.005 198.005 Assisted living facilities, statutory references to residential care ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.005.md) - [Mo. Rev. Stat. § 198.006 198.006 Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.006.md) - [Mo. Rev. Stat. § 198.009 198.009 Department to administer — promulgation of rules, procedure — cooperation ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.009.md) - [Mo. Rev. Stat. § 198.012 198.012 Provisions of sections 198.003 to 198.136 not to apply, when — exempt ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.012.md) - [Mo. Rev. Stat. § 198.015 198.015 License, when required — duration — content — effect of change of ownership ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.015.md) - [Mo. Rev. Stat. § 198.016 198.016 Information on home- and community-based services to be provided prior to ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.016.md) - [Mo. Rev. Stat. § 198.018 198.018 Applications for license, how made — fees — affidavit — documents required ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.018.md) - [Mo. Rev. Stat. § 198.022 198.022 Licensure applications, department duties — department may copy records at ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.022.md) - [Mo. Rev. Stat. § 198.026 198.026 Noncompliance, how determined — procedure to correct — notice — ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.026.md) - [Mo. Rev. Stat. § 198.027 198.027 On-site revisit not required, when.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.027.md) - [Mo. Rev. Stat. § 198.029 198.029 Noncompliance — notice to operator and public, when — notice of ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.029.md) - [Mo. Rev. Stat. § 198.030 198.030 Posting of inspection reports at the facility.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.030.md) - [Mo. Rev. Stat. § 198.032 198.032 Records, what confidential, what subject to disclosure — procedure — ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.032.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MO_C198_S198.026. Check the current official text before relying on it. Not legal advice.