Md. Code Regs. 10.07.05.21 - Civil Money Penalties
A. The
Secretary may impose a civil money penalty on an agency if a deficiency or
continuing pattern of deficiencies exists in the residential service
agency.
B. In determining whether a
civil money penalty will be imposed, the Secretary shall consider the following
factors:
(1) Nature, number, and seriousness
of the deficiencies;
(2) The extent
to which the deficiency or deficiencies are part of a continuing pattern during
the preceding 24 months;
(3) The
degree of risk to the health, life, or safety of the clients of the agency that
is caused by the deficiency or deficiencies;
(4) The efforts made by, and the ability of,
the agency to correct the deficiency or deficiencies; and
(5) An agency's prior history of
compliance.
C. If the
Department determines that a deficiency or a continuing pattern of deficiencies
exists, the Department shall notify the agency of the deficiency or
deficiencies and may:
(1) Permit the agency
the opportunity to correct the deficiencies by a specified date;
(2) Impose a civil money penalty of up to
$1,000 per day until sustained compliance is achieved; or
(3) Impose a civil money penalty for each
instance of violation.
D. If the Department permits an agency the
opportunity to correct the deficiencies by a specific date, and the agency
fails to comply with this requirement, the Department may impose a civil
penalty of up to $1,000 for each day of violation until correction of the
deficiency or deficiencies has been verified and sustained compliance has been
maintained.
E. If the Department
proposes to impose a civil money penalty, the Secretary shall issue an order
which shall state the:
(1) Deficiency or
deficiencies on which the order is based;
(2) Amount of the civil money penalties to be
imposed;
(3) Manner in which the
amount of the civil money penalty was calculated; and
(4) Appeal rights.
Notes
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