On October 3rd, the state had rejected Mazik's plan and his lawyer, Rammuno, announced he would appeal the decision. "I think now Mr. Mazik will take off his gloves, and come out fighting," he declared. Mazik still refused, though, to talk to Kirk.
The state had based its decision on finding that Mazik had failed to correct six of the seven deficiencies cited the previous June in the facility's first licensing rejection report. It was found that
- Mazik made not made a "good faith" effort to hire a program director
- He had failed to create adequate control procedures
- He had not developed an outside review committee for the school
- Little new training had been developed for staff
- Staffing levels had increased, however, the state questioned the qualifications of several new staff members
- Minimal changes had been made to the way that aversive - painful punishments - would be deployed with students.
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