701 A long term care facility that violates or fails to comply with requirements to obtain and maintain on file documentation of criminal record checks as specified in these rules shall be assessed civil money penalties or shall be grounds to deny or revoke the facility's license. The decision regarding penalties shall be made by the Director of the Office of Long Term Care. The Director, in his/her discretion, may elect to assess the penalties as outlined in these rules or may allow a specified period of time for correction of said violation(s).

702 In determining whether a penalty is to be assessed and in affixing the type and/or amount of monetary penalty, the Director shall consider:

703 Violations or failures to comply with these requirements are subject to a Class C civil penalty as described in the “Fines and Sanctions” sections of the long term care facility licensure manual (Section 1000 -- 1900) and Appendix B of the residential care facility licensure manual. All Class C violations shall be based on a point system as contained in “Fines and Sanctions” sections in the facility's licensure manual. Class C violations are subject to a civil penalty not to exceed five hundred dollars ($500) for each violation. Each subsequent Class C violation within a six-month period from the first violation shall subject the facility to a civil penalty double that of the preceding violation until a maximum of one thousand dollars ($1,000) per violation is reached.

704 Notifications of violations and any subsequent hearings shall conform to such provisions as outlined in the “Fines and Sanctions” licensure rules as listed above.

705 Any unlicensed long term care facility violating these rules shall be guilty of a Class A misdemeanor for each violation.