1. A. Criminal Penalty. A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a penalty not exceeding $1,000, or imprisonment not exceeding 1 year, or both.
2. B. Each day that a violation is continued after the first conviction is a separate offense.
3. C. Administrative Penalty. The Secretary may impose an administrative penalty of up to $1,000 for a violation of any provision of this chapter.

4. D. When considering whether to impose an administrative penalty and the amount of the penalty, the Secretary shall consider the following factors:

   1. (1) The number, nature, and seriousness of the violations;
   2. (2) The extent to which the violation or violations are part of an ongoing pattern during the preceding 24 months;
   3. (3) The degree of risk, caused by the violation or violations, to the health, life, or safety of the patients of the facility;
   4. (4) The efforts made by, and the ability of, the licensee to correct the violation or violations in a timely manner; and
   5. (5) Such other factors as justice may require.
5. E. A person aggrieved by the action of the Secretary under §C of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .16 of this chapter.

Authority: Health-General Article, §19-3B-01 et seq., Annotated Code of Maryland

Effective date: August 23, 1999 (26:17 Md. R. 1322)

Regulation .02B amended effective April 16, 2012 (39:7 Md. R. 491)

Regulation .04A, I amended effective March 13, 2017 (44:5 Md. R. 292)

Regulation .05A amended effective March 14, 2016 (43:5 Md. R. 385)

Regulation .08 amended effective April 16, 2012 (39:7 Md. R. 491)

Regulation .08C amended effective February 27, 2017 (44:4 Md. R. 252)