10.07.05.21

.21 Civil Money Penalties.

A. The Secretary may impose a civil money penalty on an agency if a deficiency or continuing pattern of deficiencies exists in the residential service agency.

B. In determining whether a civil money penalty will be imposed, the Secretary shall consider the following factors:

(1) Nature, number, and seriousness of the deficiencies;

(2) The extent to which the deficiency or deficiencies are part of a continuing pattern during the preceding 24 months;

(3) The degree of risk to the health, life, or safety of the clients of the agency that is caused by the deficiency or deficiencies;

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

(5) An agency’s prior history of compliance.

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

(1) Permit the agency the opportunity to correct the deficiencies by a specified date;

(2) Impose a civil money penalty of up to $1,000 per day until sustained compliance is achieved; or

(3) Impose a civil money penalty for each instance of violation.

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 civil penalty of up to $1,000 for each day of violation until correction of the deficiency or deficiencies has been verified and sustained compliance has been maintained.

E. If the Department proposes to impose a civil money penalty, the Secretary shall issue an order which shall state the:

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

(2) Amount of the civil money penalties to be imposed;

(3) Manner in which the amount of the civil money penalty was calculated; and

(4) Appeal rights.