55 Pa. Code § 2800.262 - Penalties and corrective action
(a) The Department will assess a penalty for
each violation of this chapter.
(b)
Penalties will be assessed on a daily basis from the date on which the citation
was issued until the date the violation is corrected, except in the case of
Class II and Class III violations.
(c) In the case of a Class II violation,
assessment of the penalty will be suspended for 5 days from the date of
citation to permit sufficient time for the residence to correct the violation.
If the residence fails to provide proof of correction of the violation to the
Department within the 5-day period, the fine will be retroactive to the date of
citation. The Department may extend the time period for good cause.
(d) The Department will assess a penalty of
$20 per resident per day for each Class I violation. Each Class I violation
shall be corrected within 24 hours.
(e) The Department will assess a minimum
penalty of $5 per resident per day, up to a maximum penalty of $15 per resident
per day, for each Class II violation.
(f) There is no monetary penalty for Class
III violations unless the residence fails to correct the violation within 15
days. Failure to correct a Class III violation within the 15-day period may
result in a penalty assessment of up to $3 per resident per day for each Class
III violation retroactive to the date of the citation.
(g) If a residence is found to be operating
without a license , a penalty of $500 will be assessed. After 14 days, if the
residence operator cited for operating without a license fails to file an
application for a license , the Department will assess an additional $20 for
each resident for each day during which the residence operator fails to
apply.
(h) A residence charged with
a violation of this chapter or Chapter 20 (relating to licensure or approval of
facilities and agencies) has 30 days to pay the assessed penalty in
full.
Notes
This section cited in 55 Pa. Code § 2800.266 (relating to revocation or nonrenewal of licenses).
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