# COMAR Title 10 — Maryland Department of Health

## Subtitle 07 — Hospitals

### Chapter 14 — Assisted Living Programs

#### Regulation .59 Amount of Civil Money Penalties.

*COMAR 10.07.14.59*

A. A civil money penalty imposed on a person under this chapter may not exceed the amounts identified in Health-General §19-1809, Annotated Code of Maryland.

B. In setting the amount of the civil money penalty under this chapter, the Secretary shall consider the following factors:

  (1) Nature, number, and seriousness of the deficiencies;

  (2) The degree of risk to the health, life, or safety of the residents of the program that is caused by the deficiency or deficiencies;

  (3) The efforts made by, and the ability of, the program to correct the deficiency or deficiencies;

  (4) Whether the amount of the civil money penalty will jeopardize the financial ability of the program to continue operation as a program; and

  (5) Other factors as justice may require.

C. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing in accordance with Regulation .65 of this chapter.