NAC449.99906. Daily penalty: Date and period of computation; notice to facility.

     1. Daily penalties and interest must be computed after compliance has been verified or the provider has been sent notice of termination of a license or provisional license. A daily monetary penalty must end on the effective date of compliance or termination of the license of the facility.

     2. If a provider achieves compliance, the Bureau shall send a separate notice to the facility containing:

     (a) The amount of the penalty per day;

     (b) The number of days involved;

     (c) The due date of the penalty; and

     (d) The total amount due.

     3. If the license of a facility is to be terminated, the Bureau shall send the information required by subsection 2 in the notice of termination.

     4. If the Bureau’s decision of noncompliance is upheld on appeal or the facility waives its right to a hearing, the monetary penalty must be imposed for the number of days between the effective date of the penalty and the date of correction of the deficiencies or, if applicable, the date the license of the facility is terminated.

     (Added to NAC by Bd. of Health, eff. 8-1-91)