2009 Rhode Island Code
Title 23 - Health and Safety
CHAPTER 23-17.10 - Administrative Penalties
§ 23-17.10-6 - Determination of administrative penalty.

SECTION 23-17.10-6

   § 23-17.10-6  Determination of administrative penalty. – In determining the amount of each administrative penalty, the director shall include, but not be limited to, the following to the extent practicable in his or her considerations:

   (1) The actual and potential impact on health, safety, and welfare of the public or any member of the public of the failure to comply;

   (2) The actual and potential damages suffered, and actual or potential costs incurred, by the director, or by any other person;

   (3) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, to promptly come into compliance, and to remedy and mitigate whatever harm might have been done as a result of the noncompliance;

   (4) Whether the person being assessed the administrative penalty has previously failed to comply with any:

   (i) Federal requirement for participation in the Medicare or Medicaid programs;

   (ii) Rule, regulation, order, license, or approval issued or adopted by the director;

   (iii) Law relating to skilled nursing or intermediate care facilities; or

   (iv) Rule, regulation, or order regarding the management of infectious waste in health care facilities;

   (5) Making compliance less costly than noncompliance;

   (6) Deterring future noncompliance;

   (7) The amount necessary to eliminate the economic advantage of noncompliance including, but not limited to, the financial advantage acquired over competitors from the noncompliance;

   (8) Whether the failure to comply was intentional, willful, or knowing and not the result of error;

   (9) Any amount specified by state and/or federal statute for a similar violation or failure to comply;

   (10) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and

   (11) The public interest.