10.07.03.10

.10 Civil Money Penalties — Imposition.

A. The Department may impose a civil money penalty if a deficiency exists.

B. In determining whether a civil money penalty is to be imposed, the Department shall consider the following factors:

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

(2) The extent to which the deficiencies are part of a pattern;

(3) The degree of risk to the health, life, or safety of the residents of the client facility caused by the deficiency or deficiencies;

(4) The efforts made by, and the ability of the agency to correct the deficiency or deficiencies;

(5) An agency's prior history of compliance in general and specifically with reference to the cited deficiencies; and

(6) Other factors as justice may require.

C. If the Department determines that a deficiency or a pattern of deficiencies exists, the Department shall notify the agency of the deficiency or deficiencies and may:

(1) Impose a per-day civil money penalty until compliance has been achieved;

(2) Permit the agency the opportunity to correct the deficiencies by a specific date; or

(3) Impose a per-instance civil money penalty for each deficiency.

D. If the Department permits an agency the opportunity to correct the deficiencies by a specific date and the agency fails to comply with this requirement, the Department may impose a per-day civil money penalty for each day of violation until correction of the deficiency or deficiencies has been verified and compliance has been maintained.

E. When a civil money penalty is imposed, the Department shall issue an order that includes the:

(1) Deficiency or deficiencies on which the order was based; and

(2) Amount of civil money penalty to be imposed.