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Session Laws, 2007
Volume 803, Page 401   View pdf image
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Ch.3
Martin O'Malley, Governor
(I) BE SERVED ON THE PROVIDER BY CERTIFIED MAIL; AND (II) STATE: 1. EACH PENALTY IMPOSED; 2. THE REGULATION OR PROVISION VIOLATED; 3. THE AMOUNT OF THE PENALTY; 4. THE PROVIDER'S RIGHT TO REQUEST A REDUCTION OF THE PENALTY; AND 5. HOW TO FILE AN ADMINISTRATIVE APPEAL OF THE PENALTY. (F) REQUEST FOR REDUCTION. (1) A PROVIDER OF CONGREGATE HOUSING SERVICES MAY REQUEST A
REDUCTION OF A CIVIL MONEY PENALTY. (2) A REQUEST FOR A REDUCTION SHALL: (I) BE MADE IN WRITING WITHIN 10 DAYS AFTER THE PROVIDER
RECEIVES THE NOTICE OF THE CIVIL MONEY PENALTY; AND (II) STATE THE REASONS FOR THE REQUEST. (3) A REQUEST FOR A REDUCTION OF A CIVIL MONEY PENALTY DOES
NOT AFFECT THE ACCRUAL OF THE PENALTIES UNDER SUBSECTION (D) OF THIS
SECTION. (4) WITHIN 14 DAYS AFTER RECEIVING THE REQUEST FOR REDUCTION,
THE DEPARTMENT SHALL HOLD AN INFORMAL CONFERENCE WITH THE PROVIDER
ON THE ISSUE OF WHETHER TO REDUCE THE CIVIL MONEY PENALTY. (5) IN DECIDING WHETHER TO REDUCE THE PENALTY, THE SECRETARY
SHALL CONSIDER: (I) THE PROVIDER'S HISTORY OF VIOLATIONS; (II) THE PROVIDER'S CURRENT AND PAST DILIGENCE IN
CORRECTING VIOLATIONS; AND (III) OTHER FACTORS THAT THE SECRETARY CONSIDERS APPROPRIATE. (6) THE SECRETARY SHALL ISSUE A WRITTEN DETERMINATION
GRANTING OR DENYING THE REQUEST FOR A REDUCTION OF A CIVIL MONEY
PENALTY THAT STATES THE REASONS FOR THE DETERMINATION. (7) AS A CONDITION OF REDUCING A PENALTY, THE SECRETARY SHALL
REQUIRE CORRECTION OF ALL VIOLATIONS. (G) APPEAL.
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Session Laws, 2007
Volume 803, Page 401   View pdf image
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