S.C. Code Regs. § § 61-75.300.302
Current through Register Vol. 48, 12, December 27, 2024
Section 61-75.300.302 - Violation ClassificationsViolations of standards in this regulation are classified as follows:
A. Class I violations are those that present an imminent danger to the health, safety, or well-being of the Participants of the Facility or a substantial probability that death or serious physical harm could result therefrom. A physical condition, one or more practices, means, methods or operations in use in a Facility may constitute such a violation. The condition or practice constituting a Class I violation shall be abated or eliminated immediately unless a fixed period of time, as stipulated by the Department, is required for correction. Each day such violation shall exist after expiration of said time established by the Department shall be considered a subsequent violation.B. Class II violations are those, other than Class I violations, that have a negative impact on the health, safety, or well-being of Participants in the Facility. The citation of a Class II violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.C. Class III violations are those which are not classified as Class I or II in this regulation or those that are against the best practices. The citation of a Class III violation shall specify the time within which the violation is required to be corrected. Each day such violation exists after expiration of this time shall be considered a subsequent violation.D. The notations (I) or (II), placed within sections of this regulation, indicate those standards are Class I or II violations if they are not met, respectively. Failure to meet standards not so annotated are Class III violations.E. When imposing a monetary penalty, the Department may invoke South Carolina Code Section 44-7-320(C) to determine the dollar amount or may utilize the following schedule: FREQUENCY | CLASS I | CLASS II | CLASS III |
1st | $500-1,500 | $300-800 | $100-300 |
2nd | 1,000-3,000 | 500-1,500 | 300-800 |
3rd | 2,000-5,000 | 1,000-3,000 | 500-1,500 |
4th | 5,000 | 2,000-5,000 | 1,000-3,000 |
5th | 5,000 | 5,000 | 2,000-5,000 |
6th | 5,000 | 5,000 | 5,000 |
S.C. Code Regs. § 61-75.300.302
Added by State Register Volume 39, Issue No. 06, eff. 6/26/2015; State Register Volume 46, Issue No. 03, eff. 3/25/2022.