1. A. Administrative Penalty. The Secretary may impose an administrative penalty of up to $1,000 for a violation of any provision of this chapter.

2. B. 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 violation or 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.
3. C. A person aggrieved by the action of the Secretary under §A of this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .20 of this chapter.

Authority: Health-General Article, §20-209, Annotated Code of Maryland

Effective date: July 23, 2012 (39:14 Md. R. 835)