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Mississippi Code 1972 (2023)
Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003)
Chapter 125 - PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS (§§ 41-125-1 — 41-125-23)
Section 41-125-15 - Administrative fines; corrective action plans
Universal Citation:
MS Code § 41-125-15 (2023)
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- (1)
- (a) If the licensing agency determines that a PPEC center is not in compliance with this chapter, or applicable rules, the licensing agency may request that the PPEC center submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to the approval of the licensing agency.
- (b) The licensing agency may fine a PPEC center or employee found in violation of this chapter, or applicable rules, in an amount not to exceed Five Hundred Dollars ($500.00) for each violation. Such fine may not exceed Five Thousand Dollars ($5,000.00) in the aggregate.
- (c) The failure to correct a violation by the date set by the licensing agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day that the failure continues, unless the licensing agency approves an extension to a specific date.
- (2) In determining if a fine is to be imposed and in fixing the amount of any fine, the licensing agency shall consider the following factors:
- (a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated.
- (b) Actions taken by the owner or operator to correct violations.
- (c) Any previous violations.
- (d) The financial benefit to the PPEC center of committing or continuing the violation.
Laws, 2012, ch. 524, § 8, eff. 5/18/2012.
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