Regulation .48 Amount of Civil Money Penalties.

A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed:

(1)

$3,000 per instance; or

(2)

$300 per day for an ongoing pattern of deficiencies until the center is in compliance.

A civil money penalty imposed under this chapter for actual harm deficiencies may not exceed:

(1)

$5,000 per instance; or

(2)

$1,000 per day for an ongoing pattern of deficiencies until the center is in compliance.

A civil money penalty imposed under this chapter for a serious and immediate threat may not exceed:

(1)

$10,000 per instance; or

(2)

$3,000 per day for an ongoing pattern of deficiencies until the center is in compliance.

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

(1)

The number, nature, and seriousness of the deficiencies;

(2)

The degree of risk to the health, life, or safety of the participants of the center caused by the deficiency or deficiencies;

(3)

The efforts made by the center to correct the deficiency or deficiencies;

(4)

Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the center to continue operating as a center; and

(5)

Other factors as justice may require.

All civil money penalties collected under this chapter shall be paid into the general fund of the State.