§ 10-497. Civil money penalties

   (a) Authority of Secretary. -- The Secretary may impose a civil money penalty against a provider for an action or inaction that violates this subtitle or any regulation adopted by the Department under this subtitle.

(b) Notice of violation. --

   (1) Before imposing a civil money penalty under subsection (a) of this section, the Department shall issue a notice of violation to the provider.

   (2) The notice shall state:

      (i) when the provider must submit a plan of correction that is acceptable to the Department;

      (ii) when each identified violation must be substantially corrected, which may not be less than 30 days; and

      (iii) that failure to submit an acceptable plan of correction as required under item (i) of this paragraph or to correct an identified violation may result in an order imposing a civil money penalty under subsection (d) of this section.

(c) Effect of failure to correct violation. -- If at the expiration of the time set forth in the notice required under subsection (b) of this section the Department determines a violation has not been corrected, the Secretary may:

   (1) extend the time in which the violation must be corrected; or

   (2) impose a civil money penalty under subsection (d) of this section.

(d) Civil money penalty. --

   (1) The Secretary may impose a civil money penalty not exceeding $ 5,000 for each violation.

   (2) In setting the amount of a civil money penalty under this section, the Secretary shall consider the following factors:

      (i) the number, nature, and seriousness of the violations;

      (ii) the degree of risk to the health, life, or physical or financial safety of the subscribers caused by the violations;

      (iii) the efforts made by the provider to correct the violations;

      (iv) whether the amount of the proposed civil money penalty will jeopardize the financial ability of the provider to continue operating; and

      (v) other factors as justice may require.

   (3) If a civil money penalty is imposed under this section, the Department shall issue an order stating:

      (i) the basis on which the order is made;

      (ii) each regulation or statute violated;

      (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.

HISTORY: An. Code 1957, art. 70B, § 18A; 2007, ch. 3, § 2.