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Martin O'Malley, Governor
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Ch.3
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(III) EACH CIVIL MONEY 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 HAS THE RIGHT TO APPEAL FROM THE ORDER IN ACCORDANCE WITH
TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
(E) PAYMENT OF CIVIL MONEY PENALTY.
(1) A PROVIDER SHALL PAY A CIVIL MONEY PENALTY TO THE
DEPARTMENT WITHIN 10 DAYS AFTER THE PROVIDER RECEIVES A FINAL ORDER
IMPOSING THE CIVIL MONEY PENALTY.
(2) AN ORDER IMPOSING A CIVIL MONEY PENALTY IS FINAL WHEN THE
PROVIDER HAS EXHAUSTED ALL OPPORTUNITIES TO CONTEST THE CIVIL PENALTY
IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE.
(3) IF A PROVIDER DOES NOT COMPLY WITH THIS SECTION, THE
DEPARTMENT MAY FILE A CIVIL ACTION TO RECOVER THE PENALTY.
(4) THE DEPARTMENT SHALL DEPOSIT ALL CIVIL MONEY PENALTIES
COLLECTED UNDER THIS SECTION INTO THE GENERAL FUND.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70B, § 18A.
The Human Services Article Review Committee suggests that the General
Assembly may wish to clarify when the 30-day period for correcting
violations under subsection (b)(2)(ii) of this section begins to run.
In subsection (b)(2)(iii) of this section, the reference to "item (i) of this
paragraph" is substituted for the former reference to "item (1) of this
subsection" for accuracy.
In the introductory language of subsection (c) of this section, the reference
to "the notice required under" subsection (b) is added for accuracy.
Also in the introductory language of subsection (c) of this section, the
reference to "subsection (b)" is substituted for the former reference to
"subsection (b)(2)" for accuracy.
In subsection (c)(1) of this section, the former reference to the time "frame"
is deleted as surplusage.
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- 527 -
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