2013 Maryland Code
HUMAN SERVICES
§ 10-210 - Congregate housing services -- Violations; penalties

§10-210.

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

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

(2) of a resident’s rights as specified in regulations adopted under this title; or

(3) of a State or local fire safety law.

(b) Before imposing a penalty under this section, the Department shall send a notice of violation to the provider that states:

(1) when the provider must submit a plan of correction that is acceptable to the Department;

(2) when each identified violation must be substantially corrected; and

(3) that a civil money penalty may be imposed for failure to:

(i) submit an acceptable plan of correction; or

(ii) correct an identified violation.

(c) (1) After the time for correcting a violation has ended, the Department shall reinspect the facility to determine whether the violation has been corrected.

(2) After the reinspection, the Secretary may:

(i) extend the time to correct the violation; or

(ii) impose a civil money penalty under subsection (d) of this section.

(d) (1) The Secretary may impose a civil money penalty not exceeding $20 per violation per resident for each day that a violation remains uncorrected after the time set for correction under subsection (b)(2) of this section.

(2) A penalty imposed under this section may not exceed $1,000 per violation or $5,000 in total.

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

(2) The notice shall:

(i) be served on the provider by certified mail; and

(ii) state:

1. each penalty imposed;

2. the regulation or provision violated;

3. the amount of the penalty;

4. the provider’s right to request a reduction of the penalty; and

5. how to file an administrative appeal of the penalty.

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

(2) A request for a reduction shall:

(i) be made in writing within 10 days after the provider receives the notice of the civil money penalty; and

(ii) state the reasons for the request.

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

(4) Within 14 days after receiving the request for reduction, the Department shall hold an informal conference with the provider on the issue of whether to reduce the civil money penalty.

(5) In deciding whether to reduce the penalty, the Secretary shall consider:

(i) the provider’s history of violations;

(ii) the provider’s current and past diligence in correcting violations; and

(iii) other factors that the Secretary considers appropriate.

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

(7) As a condition of reducing a penalty, the Secretary shall require correction of all violations.

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

(h) The Secretary may impose a penalty of three times the amount set forth in subsection (d) of this section on a provider of congregate housing services if a penalty was imposed on the provider for the same violation during the 2 years before the date on which the notice of violation was issued.

(i) (1) An order imposing a civil money penalty is final when the provider has exhausted all opportunities to contest the penalty under subsection (f) or (g) of this section.

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

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