1. A. The Secretary may impose a civil money penalty on an agency if a deficiency or continuing pattern of deficiencies exists in the residential service agency.

2. B. In determining whether a civil money penalty will be imposed, the Secretary shall consider the following factors:

   1. (1) Nature, number, and seriousness of the deficiencies;
   2. (2) The extent to which the deficiency or deficiencies are part of a continuing pattern during the preceding 24 months;
   3. (3) The degree of risk to the health, life, or safety of the clients of the agency that is caused by the deficiency or deficiencies;
   4. (4) The efforts made by, and the ability of, the agency to correct the deficiency or deficiencies; and
   5. (5) An agency’s prior history of compliance.

3. C. If the Department determines that a deficiency or a continuing pattern of deficiencies exists, the Department shall notify the agency of the deficiency or deficiencies and may:

   1. (1) Permit the agency the opportunity to correct the deficiencies by a specified date;
   2. (2) Impose a civil money penalty of up to $1,000 per day until sustained compliance is achieved; or
   3. (3) Impose a civil money penalty for each instance of violation.
4. D. If the Department permits an agency the opportunity to correct the deficiencies by a specific date, and the agency fails to comply with this requirement, the Department may impose a civil penalty of up to $1,000 for each day of violation until correction of the deficiency or deficiencies has been verified and sustained compliance has been maintained.

5. E. If the Department proposes to impose a civil money penalty, the Secretary shall issue an order which shall state the:

   1. (1) Deficiency or deficiencies on which the order is based;
   2. (2) Amount of the civil money penalties to be imposed;
   3. (3) Manner in which the amount of the civil money penalty was calculated; and
   4. (4) Appeal rights.

Authority: Health-General Article, Title 19, Subtitle 4A, Annotated Code of Maryland

Effective date: January 17, 1994 (21:1 Md. R. 33)

Regulation .01B amended effective June 2, 1997 (24:11 Md. R. 793)

Regulation .02 amended effective June 2, 1997 (24:11 Md. R. 793)

Regulation .03C repealed effective June 2, 1997 (24:11 Md. R. 793)

Regulation .05-1 adopted effective June 2, 1997 (24:11 Md. R. 793)

Regulations .01—.08 repealed and new Regulations .01—.28 adopted effective May 1, 2012 (38:21 Md. R. 1277)

Regulation .04A amended effective December 21, 2015 (42:25 Md. R. 1543); March 28, 2016 (43:6 Md. R. 406)

Regulation .04A, I amended effective August 19, 2013 (40:16 Md. R. 1343); January 6, 2014 (40:26 Md. R. 2162); March 13, 2017 (44:5 Md. R. 292)

Regulation .04H amended effective January 6, 2014 (40:26 Md. R. 2162)

Regulation .04H, I amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .12E amended as an emergency provision effective June 1, 2012 (39:13 Md. R. 784); amended permanently effective September 3, 2012 (39:17 Md. R. 1148)