1. (a) The Department shall deny a license to any applicant or suspend or revoke a license if the applicant or licensee fails to comply with the applicable laws, rules, or regulations of this State.

2. (b)

   1. (1) The Department may impose sanctions, including a civil money penalty, for failure by a licensee to substantially comply with applicable State laws, regulations, or rules.
   2. (2) The Department shall adopt rules and regulations providing for the sanctions to be imposed under this subsection.
   3. (3) A civil money penalty imposed under this subsection may not exceed $5,000.

   4. (4) In establishing the amount of a civil money penalty imposed under this subsection, the Department shall consider, under guidelines established in the regulations adopted under paragraph (2) of this subsection:

      1. (i) The number, nature, and seriousness of the violations;
      2. (ii) The degree of risk caused by the violations to the health, life, or safety of the individual served by the licensee;
      3. (iii) The efforts made by the licensee to correct the violations;
      4. (iv) Any history of similar violations;
      5. (v) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the licensee to continue serving individuals; and
      6. (vi) Any other reasonable factors as determined by the Department.
   5. (5) If a civil money penalty is proposed, the Department shall offer the licensee an opportunity for informal dispute resolution.

   6. (6) If, following the opportunity for informal dispute resolution, a civil money penalty is imposed, the Department shall provide:

      1. (i) Written notice of:

         1. 1. The basis on which the order is made;
         2. 2. The deficiency on which the order is based;
         3. 3. The amount of the civil money penalty to be imposed; and
         4. 4. The manner in which the amount of the civil money penalty was calculated; and
      2. (ii) An opportunity for a hearing as provided under subsection (e) of this section.
   7. (7) The Department shall have the burden of proof with respect to the imposition of a civil money penalty under this subsection.
3. (c) Any applicant or licensee who knowingly and willfully makes a false statement in connection with an application under this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $1,000, or imprisonment not exceeding 1 year, or both.
4. (d) The Department may impose a penalty not exceeding $500 per day per violation for each day a violation occurs on a licensee that fails to comply with the reporting requirements established under § 7-306.1 (l) of this title.
5. (e) Except as otherwise provided in § 10-226 of the State Government Article and subsection (f) of this section, before the Department takes any action against an applicant or a licensee under this section, the Department shall give the applicant or licensee notice and an opportunity for a hearing.

6. (f)

   1. (1) If the Department finds that the public health, safety, or welfare of individuals with disabilities receiving services from a licensee imperatively requires emergency action, the Department may suspend the license or order a licensee to remedy immediately the situation requiring the emergency action.

   2. (2) The order to remedy immediately the situation shall be effective immediately and shall remain in effect until:

      1. (i) The Department rescinds the order; or
      2. (ii) There is a resolution through the administrative hearing process.

   3. (3) If the Department issues an order under paragraph (1) of this subsection, the Department promptly shall give the licensee:

      1. (i) Written notice of the order, the finding, and the reasons that support the finding; and
      2. (ii) An opportunity to be heard.

Added by Acts 1986, c. 636, § 2, eff. July 1, 1986; Acts 1986, c. 637, § 2, eff. July 1, 1986. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2001, c. 29, § 1, eff. April 10, 2001; Acts 2002, c. 306, § 1, eff. July 1, 2002; Acts 2015, c. 261, § 1, eff. Oct. 1, 2015; Acts 2015, c. 470, § 1, eff. Sept. 1, 2015.