A. Operating Without a License.
(1) A person may not knowingly and willfully operate, maintain, or own an assisted living program without a license.
(2) A person who violates §A(1) of this regulation is guilty of a felony and on conviction is subject to:
(a) For a first offense, a fine not exceeding $10,000, imprisonment not exceeding 5 years, or both; and
(b) For a subsequent offense, a fine not exceeding $20,000, imprisonment not exceeding 5 years, or both.
(3) When the Department finds an assisted living program to be in violation of §A(1) of this regulation, the Department shall send written notice to the program 30 days before the State files charges under §A(1) of this regulation in order to give the program an opportunity to come into compliance with the licensure requirements.
(4) A person may not be subject to §A(2) of this regulation if the person has:
(a) Applied in good faith to the Department for an assisted living program license;
(b) Is awaiting a decision from the Department regarding the application; and
(c) Has not been denied an assisted living program license on a prior occasion.
(5) In recommending the amount of civil money penalty under §A(2) of this regulation, the State shall consider factors including the:
(a) Nature, number, and seriousness of the violations; and
(b) Ability of the assisted living program to pay the penalty.
B. A person maintaining and operating an assisted living program which is in violation of this chapter is guilty of a felony, and, on conviction, shall be fined not more than $1,000. Each day that the assisted living program operates after the first conviction, without correction of the cited violation, is considered a subsequent offense and may subject the operator to further prosecution.