§ 23-17.10-6 - Determination of administrative penalty.
SECTION 23-17.10-6
§ 23-17.10-6 Determination ofadministrative penalty. – In determining the amount of each administrative penalty, the director shallinclude, but not be limited to, the following to the extent practicable in hisor her considerations:
(1) The actual and potential impact on health, safety, andwelfare of the public or any member of the public of the failure to comply;
(2) The actual and potential damages suffered, and actual orpotential costs incurred, by the director, or by any other person;
(3) Whether the person being assessed the administrativepenalty took steps to prevent noncompliance, to promptly come into compliance,and to remedy and mitigate whatever harm might have been done as a result ofthe noncompliance;
(4) Whether the person being assessed the administrativepenalty has previously failed to comply with any:
(i) Federal requirement for participation in the Medicare orMedicaid programs;
(ii) Rule, regulation, order, license, or approval issued oradopted by the director;
(iii) Law relating to skilled nursing or intermediate carefacilities; or
(iv) Rule, regulation, or order regarding the management ofinfectious waste in health care facilities;
(5) Making compliance less costly than noncompliance;
(6) Deterring future noncompliance;
(7) The amount necessary to eliminate the economic advantageof noncompliance including, but not limited to, the financial advantageacquired over competitors from the noncompliance;
(8) Whether the failure to comply was intentional, willful,or knowing and not the result of error;
(9) Any amount specified by state and/or federal statute fora similar violation or failure to comply;
(10) Any other factor(s) that may be relevant in determiningthe amount of a penalty, provided that the other factors shall be set forth inthe written notice of assessment of the penalty; and
(11) The public interest.