W. Va. Code R. § 64-54-14

Current through Register Vol. XLI, No. 43, October 25, 2024

Section 64-54-14 - Penalties

14.1. Director's Authority

14.1.a. The Director may suspend or revoke a hospice license according to the provisions of W. Va. Code § 16-5I-1, if he or she finds upon inspection that there has been a substantial failure to comply with the provisions of this rule or with the laws of this state or with any other order or final decision.

14.1.b. The Director shall refuse to grant a license if he or she finds that the applicant has failed to be in substantial compliance with the provisions of this rule or the laws of this state or with any other order or final decision.

14.1.c. When the Director takes action pursuant to the suspension or revocation of a license issued under this rule, he or she shall comply with the requirements and procedures set forth in W. Va. Code § 16-5I-1,

14.2. The Secretary shall assess a civil money penalty not to exceed fifty dollars ($50) for each violation of operation of a hospice without first obtaining a license or violation of any provisions of the Code or any rule lawfully promulgated under the Code.

14.2.a. Each day of operation of a hospice without first obtaining a license or violation of any provisions of the Code or any rule lawfully promulgated under the Code constitutes a separate violation.

14.3. The Director may institute an action to restrain or prevent establishment or operation of any hospice, because of violation of any provision of the code or rules, in the circuit court of the county where the hospice is located or the Circuit Court of Kanawha County.

W. Va. Code R. § 64-54-14