10.12.04.50

.50 Civil Penalties — Unlicensed Center.

A. Imposition of Penalty. The Secretary may impose a civil money penalty on a person who manages or operates an unlicensed center as follows:

(1) A civil money penalty imposed on a person under this chapter may not exceed $10,000 for each offense; and

(2) When a civil money penalty is imposed, the Secretary shall issue an order which includes the:

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

(b) Amount of civil money penalty to be imposed; and

(c) Manner in which the amount of civil money penalty was calculated.

B. 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 .53 of this chapter.