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2007 Laws of Maryland
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Ch.3
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(1) THAT RESULTS IN CONDITIONS PRESENTING AN IMMINENT DANGER
OR A SUBSTANTIAL PROBABILITY OF DEATH OR SERIOUS PHYSICAL HARM TO A
RESIDENT OF CONGREGATE HOUSING;
(2) OF A RESIDENT'S RIGHTS AS SPECIFIED IN REGULATIONS ADOPTED
UNDER THIS TITLE; OR
(3) OF A STATE OR LOCAL FIRE SAFETY LAW.
(B) NOTICE OF VIOLATION.
BEFORE IMPOSING A PENALTY UNDER THIS SECTION, THE DEPARTMENT SHALL
SEND A NOTICE OF VIOLATION TO THE PROVIDER THAT STATES:
(1) WHEN THE PROVIDER MUST SUBMIT A PLAN OF CORRECTION THAT
IS ACCEPTABLE TO THE DEPARTMENT;
(2) WHEN EACH IDENTIFIED VIOLATION MUST BE SUBSTANTIALLY
CORRECTED; AND
(3) THAT A CIVIL MONEY PENALTY MAY BE IMPOSED FOR FAILURE TO:
(I) SUBMIT AN ACCEPTABLE PLAN OF CORRECTION; OR
(II) CORRECT AN IDENTIFIED VIOLATION.
(C) REINSPECTION.
(1) AFTER THE TIME FOR CORRECTING A VIOLATION HAS ENDED, THE
DEPARTMENT SHALL REINSPECT THE FACILITY TO DETERMINE WHETHER THE
VIOLATION HAS BEEN CORRECTED.
(2) AFTER THE REINSPECTION, THE SECRETARY MAY:
(I) EXTEND THE TIME TO CORRECT THE VIOLATION; OR
(ID IMPOSE A CIVIL MONEY PENALTY UNDER SUBSECTION (D) OF
THIS SECTION.
(D) AMOUNT OF PENALTY.
(1) THE SECRETARY MAY IMPOSE A CIVIL MONEY PENALTY NOT
EXCEEDING $20 PER VIOLATION PER RESIDENT FOR EACH DAY THAT A VIOLATION
REMAINS UNCORRECTED AFTER THE TIME SET FOR CORRECTION UNDER
SUBSECTION (B)(2) OF THIS SECTION.
(2) A PENALTY IMPOSED UNDER THIS SECTION MAY NOT EXCEED $1,000
PER VIOLATION OR $5,000 IN TOTAL.
(E) NOTICE OF PENALTY.
(1) THE SECRETARY SHALL PROVIDE WRITTEN NOTICE OF A CIVIL
MONEY PENALTY TO THE PROVIDER
(2) THE NOTICE SHALL:
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- 400 -
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