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ROBERT L. EHRLICH, JR., Governor Ch. 113
(c) If at the expiration of the time set forth in subsection (b)(2) of this section
the Department determines a violation has not been corrected, the [Department]
SECRETARY may:
(1) Extend the time frame in which the violation must be corrected; or
(2) Impose a civil money penalty under subsection (d) of this section.
(d) (1) The [Department] SECRETARY may impose a civil money penalty
not to exceed $5,000 for each violation.
(2) In setting the amount of a civil money penalty under this section, the
Department shall consider the following factors:
(i) The number, nature, and seriousness of the violations;
(ii) The degree of risk to the health, life, or physical or financial
safety of the subscribers caused by the violations;
(iii) The efforts made by the provider to correct the violations;
(iv) Whether the amount of the proposed civil money penalty will
jeopardize the financial ability of the provider to continue operating; and
(v) Other factors as justice may require.
(3) If a civil money penalty is imposed under this section, the
Department shall issue an order stating:
(i) The basis on which the order is made;
(ii) Each regulation or statute violated;
"(iii) Each penalty imposed and the total amount of the civil money
penalty imposed; and
(iv) The manner in which the amount of the civil money penalty was
calculated.
(4) (i) The Department shall provide written notice to a provider of the
imposition of a civil money penalty.
(ii) The notice shall be served on the provider by certified mail and
shall include the order and a statement on how to file an administrative appeal.
(5) 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
(Administrative Procedure Act) of the State Government Article.
(e) (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) An order imposing a civil money penalty is final when the provider
has exhausted all opportunities to contest the penalty in accordance with the
Administrative Procedure Act.
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