§2120.39. Operating without license or in violation of departmental regulations; penalty
A. Whoever operates any adult brain injury facility, as defined in this Part, without a valid license issued by the department, or in violation of departmental regulations, shall be fined by the department in accordance with a schedule of fines and enforcement procedures promulgated by rules of the department, not to exceed two hundred fifty dollars for each day of such offense.
B. In deciding whether and to what extent to impose fines, the department shall consider the following factors:
(1) Gravity of violation including the probability that death or serious physical harm to a client will result or has resulted.
(2) Size of the population at risk as a consequence of the violation.
(3) Severity and scope of the actual or potential harm.
(4) Extent to which the provisions of the applicable statutes or regulations were violated.
(5) Any indications of good faith exercised by the licensee.
(6) The duration, frequency, and relevance of any previous violations committed by the licensee.
(7) Financial benefit to the licensee of committing or continuing the violation.
C. Any such fines levied and collected by the department, subject to applicable law, shall be used for the benefit of clients in adult brain injury facilities and shall be distributed in accordance with criteria promulgated by rules of the department.
Acts 2005, No. 245, §1, eff. June 29, 2005.
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