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2005 LAWS OF MARYLAND
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Ch. 284
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(4) The [Department] SECRETARY, OR THE SECRETARY'S DESIGNEE,
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 [Department] SECRETARY, OR THE
SECRETARY'S DESIGNEE, considers appropriate.
(5) In granting a provider's request for reduction of a civil money
penalty, the [Department] SECRETARY, OR THE SECRETARY'S DESIGNEE, shall
impose as a condition on reduction of the penalty the correction of all violations.
(6) The [Department] SECRETARY, OR THE SECRETARY'S DESIGNEE,
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 [Department] SECRETARY, OR THE SECRETARY'S DESIGNEE,
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 [list] STATEMENT specifying each penalty imposed, the
regulation or provision violated, the amount of the penalty, the provider's right to
request a reduction[, and the provider's right to contest] OF the penalty under
subsection (e) of this section, AND HOW TO FILE AN ADMINISTRATIVE APPEAL OF THE
PENALTY.
(3) [(i) A provider may request a hearing before the Secretary
regarding the imposition of a civil money penalty.
(ii) The hearing shall be held in accordance with regulations
adopted under this article.
(iii) A provider may appeal any decision by the Secretary to the
Office of Administrative Hearings] 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 [Department] SECRETARY, OR THE SECRETARY'S DESIGNEE, 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.
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