§ 10-1430.32 — Violations - Penalties.

A. Any person who has been determined by the Department of Human Services to have violated any provision of the Group Homes for Persons with Developmental or Physical Disabilities Act, or any rule or order issued pursuant thereto may be liable for an administrative penalty of not more than One Hundred Dollars ($100.00) for each day that the violation continues. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations. B. The amount of the penalty shall be assessed by the Department pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Department shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act. C. Any license holder may elect to surrender such license in lieu of said fine but shall be forever barred from obtaining a reissuance of such license. D. In addition to or in lieu of a fine as provided in this section, the Department may issue an administrative order prohibiting a group home which has a history of incomplete or partial compliance with the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act, or which has a history of failure to fully implement a plan of correction in a timely manner from admitting new or additional residents to the group home.

Legislative History

Added by Laws 1987, c. 225, § 32, eff. July 1, 1987. Amended by Laws 1996, c. 155, § 32, eff. Nov. 1, 1996; Laws 1996, c. 354, § 32, eff. Nov. 1, 1996. Renumbered from § 1-818.32 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.