N.M. Admin. Code § 8.9.4.13

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.9.4.13 - CIVIL MONETARY PENALTIES

A. The following factors shall be considered by the licensing authority when determining whether to impose civil monetary penalties:

(1) death or serious injury to a child;

(2) abuse, neglect or exploitation of a child;

(3) regulatory violations which immediately jeopardize the health and safety of a child;

(4) numerous violations, which combined, jeopardize the health and safety of a child;

(5) repetitive violations of the same nature found during two or more consecutive on-site visits or surveys of a child care facility;

(6) failure of a child care facility to correct violations found during previous surveys or visits;

(7) intentional misrepresentation regarding condition of the facility;

(8) effect of a civil monetary penalty on financial viability of the facility; or

(9) extenuating circumstances, which allow the licensing authority greater discretion to consider both mitigating and exacerbating circumstances not specifically defined.

B. An initial base penalty amount is assessed when a civil monetary penalty is imposed. The base penalty amount is calculated at the rate of the most serious deficiency. For example, the base penalty amount is assessed at the rate applicable to a class A deficiency when the survey or investigation results in citation of regulatory violations comprising class A, class B, and class C deficiencies, because the most serious regulatory violation is the class A deficiency. The base penalty is assessed once for the deficiencies cited by the licensing authority during any particular survey or investigation.

C. The licensing authority has the discretion to impose an initial base penalty at any amount within the range for each deficiency level.

(1) Class A deficiency: not less than $500 and not greater than $5,000.

(2) Class B deficiency: not less than $300 and not greater than $3,000.

(3) Class C deficiency: not less than $100 and not greater than $500.

N.M. Admin. Code § 8.9.4.13

Adopted by New Mexico Register, Volume XXXIII, Issue 20, October 25, 2022, eff. 11/1/2022