West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Civil
				Penalties.
13.1.a. The secretary shall
				administer penalties for violations of this rule and of W. Va. Code
				'16-5N-1 et seq. as
				specified in W. Va. Code '16-5N-1 et seq. and this
				rule.
13.1.b. Upon completion of a
				report of inspection, the secretary shall determine what, if any, civil
				penalties are to be imposed pursuant to the West Virginia Code and this rule,
				and issue citations. The secretary shall issue citations and assess
				supplemental penalties for failure to correct continuing violations: Provided,
				That for continued failure to correct a violation of a non-life threatening
				nature, the secretary shall, prior to issuing a citation with a supplemental
				penalty, notify the licensee or non-licensed operator by certified mail, return
				receipt requested, that a citation will be issued with a supplemental penalty
				on a date to be specified by the secretary unless the corrective actions
				specified by the secretary are implemented in an acceptable manner.
13.1.c. All citations shall be in writing and
				shall include the basis upon which the secretary assessed the penalty and
				selected the amount of civil penalty.
13.1.d. The name of any resident jeopardized
				by the violation shall not be specified in the citation.
13.1.e. In both determining to assess a civil
				penalty and in fixing the amount of the civil penalty to be imposed for
				violations, the secretary shall consider the gravity of the violation, which
				shall include:
13.1.e.1. The degree of
				substantial probability that death or serious physical harm will result and, if
				applicable, did result from the violation;
13.1.e.2. The severity of serious physical
				harm most likely to result, and if applicable, that did result from the
				violation; and
13.1.e.3. The extent
				to which the provisions of the applicable statutes or rules were
				violated.
13.1.f. If a
				licensee or a non-licensed operator does not plan to contest a citation which
				imposes a penalty, he or she shall submit to the secretary, within ten (10)
				business days after the issuance of the citation, the total sum of the penalty
				assessed.
13.1.g. If a licensee or
				a non-licensed operator desires to contest a citation which imposes a penalty
				or the date specified for correction of a violation, he or she shall, within
				four (4) business days after service of the citation or specification of time
				in which a violation is to be corrected, serve upon the secretary, either
				personally or by registered or certified mail, the licensee's or non-licensed
				operator's written notice pursuant to West Virginia Department of Health and
				Human Resources Administrative Rules, Rules of Procedure for Contested Case
				Hearings and Declaratory Rulings, 64 CSR 1.
13.1.h. The secretary shall, in a civil
				judicial proceeding, recover any unpaid assessment which:
(a) has not been contested under W. Va. Code
				'16-5N-12
				within thirty (30) days of receipt of notice of the assessment;
(b) has been affirmed under the provisions of
				W. Va. Code '16-5N-12
				and not appealed within thirty (30) days of receipt of the secretary's final
				order; or 8 has been affirmed on judicial review, as provided in W. Va. Code
				'16-5N-13. All
				money collected by assessments of civil penalties or interest shall be paid
				into a special resident benefit account. The secretary shall apply the money
				only for the protection of the health or property of residents of facilities
				operated within the State of West Virginia, including: payment for the costs of
				relocation of residents to other facilities; operation of a residential care
				community pending correction of deficiencies or closure; and reimbursement of
				residents for lost personal funds.