N.D. Admin. Code 33-07-05-07

Current through Supplement No. 395, January, 2025

Section 33-07-05-07 - Determination of amount of civil money penalties

A facility which has been subjected to the imposition of a sanction under subsection 7 of section 33-07-05-06 is liable to the state for each day the violation existed or continues to exist. A violation must be presumed to continue to exist from the time it is found until the department finds it to have been corrected. The amount of the civil money penalty must be determined as follows:

1. For each class I violation, not more than fifty dollars per licensed facility bed;

2. For each class II violation, not more than twenty-five dollars per licensed facility bed;

3. For each class III violation, not more than ten dollars per licensed facility bed; and

4. For each repeat violation, not more than three times the amount otherwise provided for under subsection 1, 2, or 3.

N.D. Admin Code 33-07-05-07

Effective January 1, 1993.

General Authority: NDCC 23-01-03, 28-32-02

Law Implemented: NDCC 23-16-01, 23-16-11