Md. Code Regs. 10.12.04.48

Current through Register Vol. 51, No. 21, October 18, 2024

Section 10.12.04.48 - 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.

Md. Code Regs. 10.12.04.48

Regulations .48 adopted effective November 23, 2006 (33:23 Md. R. 1795)
Regulations .48 Amended effective 41:12 Md. R. 668, eff.12/13/2014