NAC449.39561. Monetary penalties: Determination of initial penalty; daily penalties; maximum total penalties.

     1. In determining the amount of an initial monetary penalty, the Division will consider the severity alone if the severity level is four. In determining the amount of the monetary penalty where the severity level is less than four, the severity and scope score must be considered.

     2. For initial violations with a severity level of four, an initial monetary penalty of up to $1,000 per violation may be imposed.

     3. For initial violations with a severity level of three and a scope level of three, a monetary penalty of up to $800 per violation may be imposed.

     4. For initial violations with a severity level of three and a scope level of two or less, an initial monetary penalty of up to $400 per violation may be imposed.

     5. For initial violations with a severity level of two and a scope level of three, an initial monetary penalty of up to $200 per violation may be imposed. The payment of this monetary penalty must be suspended if the facility has corrected the violations within the time specified in the plan of correction approved by the Division.

     6. Except as otherwise provided in subsection 7, in addition to any monetary penalty imposed pursuant to this section, the Division may impose a monetary penalty of not more than $10 per client per day for each day the violation continues.

     7. The total monetary penalties imposed by the Division pursuant to this section must not be more than $1,000 per day for each violation, together with interest thereon at a rate of 10 percent per annum.

     (Added to NAC by Bd. of Health by R167-07, eff. 1-30-2008)—(Substituted in revision for NAC 427A.871)