South Carolina Code of Regulations › Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL › Subchapter 61-111 - STANDARDS FOR LICENSING TATTOO FACILITIES › Sec2 61-111.400 - ENFORCEMENT ACTIONS › Section 61-111.400.402 - Violation Classifications

Current through Register Vol. 48, No. 6, June 28, 2024
Violations of standards in regulation are classified as
				  follows:
A. Class I violations are
				those that the Department determines to present an imminent danger to the
				health, safety, or well-being of persons in the facility or a substantial
				probability that death or serious physical harm could result therefrom. A
				physical condition or one or more practices, means, methods or operations in
				use in a facility may constitute such a violation. The condition or practice
				constituting a Class I violation shall be abated or eliminated immediately
				unless a fixed period of time, as stipulated by the Department, is required for
				correction. Each day such violation exists after expiration of this time may be
				considered a subsequent violation.
B. Class II violations are those, other than
				Class I violations, that the Department determines have a negative impact on
				the health, safety, or well-being of persons in the facility. The citation of a
				Class II violation shall specify the time within which the violation is
				required to be corrected. Each day such violation exists after expiration of
				this time may be considered a subsequent violation.
C. Class III violations are those that are
				not classified as Class I or II in these regulations or those that are against
				the best practices as interpreted by the Department. The citation of a Class
				III violation shall specify the time within which the violation is required to
				be corrected. Each day such violation exists after expiration of this time may
				be considered a subsequent violation.
D. Class I and II violations are indicated by
				notation after each applicable section, as "(I)" or "(II)." Sections not
				annotated in that manner denote Class III violations. A classification at the
				beginning of a section and/or subsection applies to all subsections following,
				unless otherwise indicated.
E. In
				arriving at a decision to take enforcement actions, the Department will
				consider the following factors: the number and classification of violations,
				including repeat violations; specific conditions and their impact or potential
				impact on health, safety, or well-being of the clients; efforts by the facility
				to correct cited violations; behavior of the licensee that would reflect
				negatively on the licensee's character, such as illegal or illicit activities;
				overall conditions of the facility; history of compliance; any other pertinent
				conditions that may be applicable to statutes and regulations.
F. When a decision is made to impose monetary
				penalties, the Department may utilize the following schedule as a guide to
				determine the dollar amount:
Frequency of violation of standard within a thirty-six
				  (36) month period:
MONETARY PENALTY ACTIONS
FREQUENCY
CLASS I
CLASS II
CLASS III
1st
$500 - 1,500
$300 - 800
$100 - 300
2nd
1,000 - 3,000
500 - 1,500
300 - 800
3rd
2,000 - 5,000
1,000 - 3,000
500 - 1,500
4th
5,000
2,000 - 5,000
1,000 - 3,000
5th
5,000
5,000
2,000 - 5,000
6th and
								more
5,000
5,000
5,000