S.C. Code Regs. § § 61-96.300.302

Current through Register Vol. 48, 12, December 27, 2024

Section 61-96.300.302 - Violation Classifications

A. Violations of standards in this regulation are classified as follows:

1. Class I violations are those that the Department determines to present an imminent danger to the health, safety, or well-being of the persons being served, other employees, or the general public; or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods, operations, or lack thereof may constitute such a violation. Each day such violation exists may be a subsequent violation.

2. Class II violations are those that are not classified as Class I or Class III violations the Department determines to have a negative impact on the health, safety, or well-being of those being served, other employees, or the general public. A physical condition or one or more practices, means, methods, operations, or lack thereof may constitute such a violation. Each day such violation exists may be a subsequent violation.

3. Class III violations are those that are not classified as Class I or II in this regulation or those that are against the best practices as interpreted by the Department. A physical condition or one or more practices, means, methods, operations, or lack thereof may constitute such a violation. Each day such violation exists may be a subsequent violation.

B. The notations "(I)" or "(II)" placed within sections of this regulation indicate those standards are considered Class I or II violations if they are not met respectively. Failure to meet standards not so annotated are Class III violations.

C. Monetary Penalties. When the Department imposes a monetary penalty, the following schedule shall be used as a guide to determine the dollar amount:

FREQUENCY OF VIOLATION	CLASS I	CLASS II	CLASS III
1st	$300-500	$100-300	$50-100
2nd	500-1,500	300-500	100-300
3rd	1,500-5,000	500-1,500	300-800
4th or more	10,000	1,500-5,000	800-1,500

S.C. Code Regs. § 61-96.300.302

Added by State Register Volume 45, Issue No. 05, eff. 5/28/2021.