# COMAR Title 10 — Maryland Department of Health

## Subtitle 25 — Maryland Health Care Commission

### Chapter 12 — Imposition of Fines

**Authority:** Health-General Article, §§19-109(a)(1) and (7)and 19-116(b)(1) and (2), Annotated Code of Maryland

**Administrative History:** Effective date: December 23, 2002 (29:25 Md. R. 1984)

#### Regulation .01 Assessment of Fines.

*COMAR 10.25.12.01*

A. Except as provided in §B of this regulation and unless the Executive Director or the Executive Director's designee has granted an extension of time, a party that fails to timely file a report or other information required by the Commission may be liable for a monetary penalty, not to exceed $1,000 per day, for each day the filing of the report is past due.

B. For information required by the Commission pursuant to Health-General Article, §19-116(b), Annotated Code of Maryland, and unless the Executive Director or the Executive Director's designee has granted an extension of time, a party that fails to timely file a report or other information required by the Commission may be liable for a monetary penalty, not to exceed $100 per day, for each day the filing of the report is past due.

C. A data report that is substantially incomplete or inaccurate is not timely filed.

D. The filing of a written petition for review of a denial of an extension of time stays the accrual of the monetary penalty levied under §§A and B of this regulation.

#### Regulation .02 Process for Levying and Appealing an Assessment.

*COMAR 10.25.12.02*

A. The Executive Director shall determine the amount assessed pursuant to this chapter by considering the factors set forth in Regulation .03.

B. The Executive Director shall issue a notice of assessment to a party found to have filed untimely or inaccurate information, explaining the basis for the assessment.

C. A party assessed a fine has 10 business days from the date of receipt of the assessment to appeal the assessment to the Commission.

D. Upon receipt of an appeal, the Chairman of the Commission may:

  (1) Schedule a date for hearing the appeal before the full Commission; or

  (2) Appoint a commissioner to act as a hearing officer.

E. Commission staff may participate in the hearing.

F. If the Chairman appoints a commissioner as a hearing officer, the hearing officer shall issue a proposed decision containing proposed findings of fact and conclusions of law.

G. Parties may file exceptions to the hearing officer's proposed decision with the full Commission.

H. Exceptions shall identify specific aspects of the proposed decision with which the excepting party disagrees and explain the basis of the disagreement with specific citation to the record or applicable law.

I. The full Commission shall entertain oral argument on exceptions and issue a final decision.

J. All hearings shall be conducted in accordance with the procedural requirements of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

#### Regulation .03 Factors Considered in the Assessment of Penalties.

*COMAR 10.25.12.03*

A. The Commission shall consider the following factors in determining whether to impose a fine and the amount of any fine:

  (1) The willfulness of the improper conduct;

  (2) The extent of actual or potential public harm caused by the violation;

  (3) The cost of auditing or investigating the matter; and

  (4) The party's history of any previous violation.

B. The Commission may suspend or waive any fine for reporting of inaccurate data if the party that filed the inaccurate data reports and corrects the inaccuracies in a timely manner.