Maryland Department of Aging Section 4.I

      (a)      The Secretary may impose a civil money penalty against a provider of congregate housing services for:

            (1)      A violation in a congregate housing services program that results in conditions presenting an imminent danger or a substantial probability of death or serious physical harm to a resident of the program;

            (2)      A violation of a resident's rights as specified in regulations adopted under this article; or

            (3)      Noncompliance with State or local fire safety regulations.

      (b)      If the Department issues a notice of a violation under subsection (a) of this section, that notice shall provide:

            (1)      The time in which a plan of correction that is acceptable to the Department is to be submitted;

            (2)      The time in which the identified deficiency or deficiencies must be substantially corrected; and

            (3)      That failure to submit an acceptable plan of correction as required by item (1) of this subsection or to correct the identified deficiency or deficiencies as required by item (2) of this subsection may result in an order imposing a civil money penalty under subsection (d) of this section.

      (c)      At the expiration of the time set forth in subsection (b)(2) of this section, the Department shall schedule a reinspection of the facility to determine whether the deficiency or deficiencies have been corrected. Following the reinspection the Secretary may:

            (1)      Extend the time frame in which the deficiency must be corrected; or

            (2)      Impose a civil money penalty under subsection (d) of this section.

      (d)      The Secretary may impose a penalty in the amount of $20 per violation per resident for each day that a violation remains uncorrected beyond the expiration of the time set forth in subsection (b)(2) of this section. A civil money penalty imposed under this section may not exceed $1,000 per violation or $5,000 in total.

      (e)      (1)      A provider of congregate housing services may request a reduction of a civil money penalty.

            (2)      (i)      The request shall be in writing, state the reasons for the request, and be made within 10 days of the provider's receipt of the notice of the imposition of the civil money penalty.

                  (ii)      A request for reduction of a civil money penalty does not interrupt the accrual of the penalties under subsection (d) of this section.

            (3)      The Department shall hold an informal conference with the provider on the issue of whether to reduce the civil money penalty within 14 days of receipt of the request for reduction under this subsection.

            (4)      The Secretary shall consider, for the purpose of reduction of the civil money penalty, such factors as the provider's history of violations, the provider's current and past diligence in correcting violations, and other factors which the Secretary considers appropriate.

            (5)      In granting a provider's request for reduction of a civil money penalty, the Secretary shall impose as a condition on reduction of the penalty the correction of all violations.

            (6)      The Secretary shall issue a written determination granting or denying the request for reduction of a civil money penalty stating the reasons for the determination.

      (f)      (1)      The Secretary shall provide written notice to the provider of a civil money penalty.

            (2)      The notice of a civil money penalty shall be served on the provider by certified mail and include a statement specifying each penalty imposed, the regulation or provision violated, the amount of the penalty, the provider's right to request a reduction of the penalty under subsection (e) of this section, and how to file an administrative appeal of the penalty.

            (3)      If a civil money penalty is imposed under this section, the provider shall have the right to appeal from the order in accordance with Title 10, Subtitle 2 of the State Government Article.

      (g)      The Secretary may impose a penalty 3 times the amount set forth in subsection (d) of this section on a provider of congregate housing services if a sanction has been imposed on the provider for the same violation within 2 years prior to issuance of the notice of violation.

      (h)      (1)      A provider shall pay all penalties to the Department within 10 days after the provider receives a final order imposing a civil money penalty.

            (2)      The order imposing a civil money penalty is final when the provider has exhausted all opportunities to contest the penalty in accordance with subsection (e) or (f) of this section.

            (3)      If a provider does not comply with this section, the Department may file a civil action to recover the penalty.