(a) Where the committee, after a review of the resident's file, has determined that there may be sufficient reason present not to recommend the granting of the total good behavior allowance authorized, other than time lost as the result of a facility director's proceeding, the committee shall schedule a hearing for the purpose of determining whether there is sufficient reason not to recommend the granting of the total allowance authorized and to determine the amount of time to be recommended for allowance and the reasons for the recommendation.

(b) At least 48 hours prior to the time allowance hearing, the chairperson shall designate an employee to file and deliver to the resident a formal notice of the hearing. The formal notice shall contain a written specification of the particulars that caused the time allowance committee to believe that there may be sufficient reason not to grant the total allowance authorized.

(c) The chairperson of the time allowance committee shall designate an employee to furnish assistance to the resident. Such employee shall be of the resident's choice selected from a list of available employees established by the facility director or any other employee upon approval of the facility director.

(d) Such employee shall explain the nature of the hearing and the particulars specified in the formal notice. He also shall ask the resident whether there is any factual matter that can be presented in the resident's behalf and inquire into any reasonable factual claim that the resident may make.

(e) A written report of the action taken and the results of the inquiry, if any, including documentary evidence and statements of witnesses interviewed by the person designated to furnish assistance to the resident shall be shared with the resident prior to delivery to the chairperson of the time allowance committee before the commencement of the hearing.

(f) A time allowance hearing shall be held within 14 days of delivery of the formal notice of hearing to the resident by the person designated to furnish assistance to the resident, subject to the authority of the chairperson of the time allowance committee to grant reasonable adjournments.

(g) The time allowance committee shall reconsider the entire file of the resident, interview the resident, and consider any factual matter brought to its attention by the resident or the person designated to provide assistance to the resident. The committee may, in its discretion, interview any person who may have information relevant to the hearing.

(h) The time allowance committee shall advise the resident of any factual circumstances that appear to support a determination not to recommend the granting of the total time allowance authorized and shall afford him the opportunity to comment thereon and to make any statement he may care to submit in respect to his time allowance.

(i) Where the time allowance committee is satisfied, after hearing the resident, that the record of the proceeding contains substantial evidence in support of a determination not to grant the total good behavior allowance authorized, it shall set the amount of time, from 1 to 90 days, it will recommend to be withheld. In determining the specific amount of time to recommend to be withheld, the committee shall evaluate the frequency of the misbehaviors, severity and duration of the pattern of misbehaviors and the resident's effort to change and the degree of change indicated. The committee shall advise the facility director as provided for in section 179-2.8(f) of this Subpart of the amount of time recommended to be withheld.

(j) In any case where the time allowance committee is not satisfied, after considering all available evidence, that the record of the proceeding contains substantial evidence to support the determination not to grant the total allowance authorized, it shall recommend the granting of the total good behavior allowance authorized and shall so advise the facility director as provided in section 179-2.8(f) of this Subpart.

(k) A written report, including a statement of the reasons for the recommendation, shall be provided to the resident following the proceeding.