.22 Amount of Civil Money Penalties.

A. A civil money penalty imposed on a person under this chapter may not exceed $10,000 per instance or, as provided in Regulation .21 of this chapter, $1,000 per day.

B. In setting the amount of the civil money penalty under this chapter, the Secretary shall consider the following factors:

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

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

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

(4) Whether the amount of the civil money penalty will jeopardize the financial ability of the agency to continue operation as an agency;

(5) Prior history of compliance by the agency; and

(6) Other factors as justice may require.

C. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing in accordance with Regulation .28 of this chapter.