WILLIAM DONALD SCHAEFER, Governor                            Ch. 412

(C)      AT THE EXPIRATION OF THE TIME SET FORTH IN SUBSECTION (B)(2) OF
THIS SECTION, THE OFFICE SHALL SCHEDULE A REINSPECTION OF THE FACILITY TO
DETERMINE WHETHER THE DEFICIENCY OR DEFICIENCIES HAVE BEEN
CORRECTED. FOLLOWING THE REINSPECTION THE OFFICE MAY:

(1)      EXTEND THE TIME FRAME IN WHICH THE DEFICIENCY MUST BE
CORRECTED; OR

(2)      PROPOSE IMPOSITION OF A CIVIL MONEY PENALTY UNDER
SUBSECTION (D) OF THIS SECTION.

(D)     THE OFFICE MAY IMPOSE A PENALTY IN THE AMOUNT OF $20 PER
VIOLATION PER RESIDENT FOR EACH DAY THAT A VIOLATION REMAINS
UNCORRECTED BEYOND THE EXPIRATION OF THE TIME SET FORTH IN SUBSECTION
(B)(2) OF THIS SECTION. A CIVIL MONEY PENALTY IMPOSED UNDER THIS SECTION
MAY NOT EXCEED $5,000 $1,000 PER VIOLATION OR $15,000 $5,000 IN TOTAL.

(E)      (1) A PROVIDER OF A SHELTERED HOUSING FACILITY MAY REQUEST A
REDUCTION OF A CIVIL MONEY PENALTY IMPOSED BY THE OFFICE.

(2)       (I) THE REQUEST SHALL BE IN WRITING, STATE THE REASONS
FOR THE REQUEST, AND BE MADE WITHIN 10 DAYS OF THE PROVIDER'S RECEIPT OF
THE NOTICE OF THE IMPOSITION OF THE CIVIL MONEY PENALTY.

(II) A REQUEST FOR REDUCTION OF A CIVIL MONEY PENALTY
DOES NOT INTERRUPT THE ACCRUAL OF THE PENALTIES UNDER SUBSECTION (D)
OF THIS SECTION.

(3)      THE OFFICE SHALL HOLD AN INFORMAL CONFERENCE WITH THE
PROVIDER ON THE ISSUE OF WHETHER TO REDUCE THE CIVIL MONEY PENALTY
WITHIN 14 DAYS OF RECEIPT OF THE REQUEST FOR REDUCTION UNDER THIS
SUBSECTION.

(4)      THE OFFICE 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 OFFICE CONSIDERS APPROPRIATE.

(5)      IN GRANTING A PROVIDER'S REQUEST FOR REDUCTION OF A CIVIL
MONEY PENALTY, THE OFFICE SHALL IMPOSE AS A CONDITION ON REDUCTION OF
THE PENALTY THE CORRECTION OF ALL VIOLATIONS.

(6)      THE OFFICE 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 OFFICE SHALL PROVIDE WRITTEN NOTICE TO THE PROVIDER
OF A CIVIL MONEY PENALTY.

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