C. Except as provided in section 36-2064, The department or its third-party contractor shall conduct a physical, on-site inspection of a sober living home to verify compliance with the requirements of this article and the rules adopted pursuant to this article at the following times:

1. 1. Before issuing an initial license or approving any proposed change in the maximum number of residents or any construction of or modification to a sober living home. Applicants are not allowed to self-attest to compliance in lieu of this inspection.
2. 2. At least annually for each sober living home.
3. 3. On a determination by the director that there is reasonable cause to believe that a sober living home is not adhering to the requirements of this article or the rules adopted pursuant to this article.
4. 4. On notification by a sober living home pursuant to subsection K of this section that the sober living home believes it is in substantial compliance with this article and the rules adopted pursuant to this article.

F. In determining the amount of the civil penalty pursuant to subsection E of this section, the department shall consider all of the following:

1. 1. Repeated violations of statutes or rules.
2. 2. Patterns of noncompliance.
3. 3. Types of violations.
4. 4. The severity of violations.
5. 5. The potential for and occurrences of actual harm, including to the sober living home's staff or residents.
6. 6. Threats to health and safety, including to the sober living home's staff or residents.
7. 7. The number of persons affected by the violations.
8. 8. The number of violations.
9. 9. The size of the facility.
10. 10. The length of time that the violations have been occurring.

H. Subject to title 41, chapter 6, article 10, except as provided in subsection J of this section, the director may deny, revoke or suspend a sober living home license if any owner, officer, agent or employee of the sober living home does any of the following:

1. 1. Violates this article or the rules adopted pursuant to this article.
2. 2. Commits a felony under the laws of any state or of the United States arising out of or in connection with the operation of a sober living home. The record of conviction or a copy of the record certified by the clerk of the court or by the judge who sentenced the person is conclusive evidence of conviction.
3. 3. Knowingly aids, allows or abets the submission of false or inaccurate information required by this article or the rules adopted pursuant to this article.
4. 4. Violates the requirements for licensure of the sober living home pursuant to this article.

J. If the director reasonably believes that a violation of subsection H of this section has occurred and that the life or safety of the sober living home's residents or staff or the public is immediately threatened or affected, on written notice to the owner or agent of the sober living home, the director may order one or more of the following intermediate sanctions until the sober living home is in substantial compliance with this article and the rules adopted pursuant to this article:

1. 1. The immediate restriction of the acceptance and reacceptance of residents to the sober living home.
2. 2. The selected transfer of residents out of the sober living home.
3. 3. The reduction of the sober living home's capacity.
4. 4. The termination of any specific service, policy, procedure or practice of the sober living home.