39-946. Civil penalty; issuance; notice of assessment; factors in determining amount of civil penalty; enforcement.
39-946
39-946. Civil penalty; issuance; notice ofassessment; factors indetermining amount of civil penalty; enforcement.(a) If upon reinspection by the state fire marshal or the marshal'srepresentative or a duly authorized representative of the secretary ofaging, which reinspection shall beconducted within 14 days from the day the correction order is served upon thelicensee, it is found that the licensee of the adult care home which was issueda correction order has not corrected the deficiency or deficiencies specifiedin the order, the secretary of aging mayassess a civil penalty in an amount not to exceed $500 per day per deficiencyagainst the licensee of an adult care home for each day subsequent to the dayfollowing the time allowed for correction of the deficiency as specified in thecorrection order that the adult care home has not corrected the deficiency ordeficiencies listed in the correction order, but the maximum assessment shallnot exceed $2,500. Awritten notice of assessment shall be served upon the licensee of an adult carehome either personally or by certified mail, return receipt requested.
(b) Before the assessment of a civil penalty, the secretary of agingshall consider the following factors in determining the amount of the civilpenalty to be assessed: (1) The severity of the violation; (2) the good faitheffort exercised by the adult care home to correct the violation; and (3) thehistory of compliance of the ownership of the adult care home with the rulesand regulations. If the secretary of agingfinds that some or all deficiencies cited in the correction order have alsobeen cited against the adult care home as a result of any inspection orinvestigation which occurred within 18 months prior to the inspection orinvestigation which resulted in such correction order, the secretary ofaging may double the civil penaltyassessed against the licensee of the adult care home, the maximum not to exceed$5,000.
(c) All civil penalties assessed shall be due and payable within 10 daysafter written notice of assessment is served on the licensee, unless a longerperiod of time is granted by the secretary. If a civil penalty is not paidwithin the applicable time period, the secretary of aging may file acertified copy of the notice ofassessment with the clerk of the district court in the county where the adultcare home is located. The notice of assessment shall be enforced in the samemanner as a judgment of the district court.
History: L. 1978, ch. 161, § 2; L. 1980, ch. 127, § 2;L. 1988, ch. 146, § 2;L. 2003, ch. 149, § 12; July 1.