10.05.01.15

.15 Penalties.

A. Criminal Penalty. A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $1,000, or imprisonment not exceeding 1 year, or both.

B. Each day that a violation is continued after the first conviction is a separate offense.

C. Administrative Penalty. The Secretary may impose an administrative penalty of up to $1,000 for a violation of any provision of this chapter.

D. When considering whether to impose an administrative penalty and the amount of the penalty, the Secretary shall consider the following factors:

(1) The number, nature, and seriousness of the violations;

(2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;

(3) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients of the facility;

(4) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and

(5) Such other factors as justice may require.

E. A person aggrieved by the action of the Secretary under §C of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .16 of this chapter.