10.12.04.48

.48 Amount of Civil Money Penalties.

A. A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:

(1) $3,000 per instance; or

(2) $300 per day for an ongoing pattern of deficiencies until the center is in compliance.

B. A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:

(1) $5,000 per instance; or

(2) $1,000 per day for an ongoing pattern of deficiencies until the center is in compliance.

C. A civil money penalty imposed under this chapter for a serious and immediate threat may not exceed:

(1) $10,000 per instance; or

(2) $3,000 per day for an ongoing pattern of deficiencies until the center is in compliance.

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

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

(2) The degree of risk to the health, life, or safety of the participants of the center caused by the deficiency or deficiencies;

(3) The efforts made by the center to correct the deficiency or deficiencies;

(4) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the center to continue operating as a center; and

(5) Other factors as justice may require.

E. All civil money penalties collected under this chapter shall be paid into the general fund of the State.