6 Pa. Code § 15.147 - Violations
(a)
Administrative.
(1) An
administrator or designee or facility owner-operator who intentionally or
willfully fails to comply or obstructs compliance with §§
15.141-15.146 commits a violation of this
chapter and shall be subject to an administrative penalty.
(2) Violations and penalties shall be
determined by the Commonwealth agency that licenses the facility. The
Commonwealth agency may issue an order assessing a civil penalty of not more
than $2,500. An order issued under this paragraph is subject to due process as
set forth in
2 Pa.C.S. §§
501-508 and
551-555 (relating to
practice and procedure of Commonwealth agencies; and practice and procedure of
local agencies) and judicial review in
2 Pa.C.S. §§
701-704 and
751-754 (relating to
judicial review of Commonwealth agency action; and judicial review of local
agency action).
(3) Representatives
of the Departments of Aging, Health and Public Welfare who suspect violations
of this section shall report them to the appropriate Commonwealth licensing
agency under procedures developed by the Department in consultation with the
licensing agency. The report shall be made in writing and include, at a
minimum, the facility, the administrator, owner, operator or designee suspected
of committing the violation and a description of the suspected
violation.
(b)
Criminal. An administrator or designee or facility owner who
intentionally or willfully fails to comply or obstructs compliance with
§§
15.141-15.146 commits a misdemeanor of the
third degree and shall, upon conviction, be sentenced to pay a fine of $2,500
or to imprisonment for not more than 1 year, or both.
Notes
This section cited in 6 Pa. Code § 15.41 (relating to reports required to be investigated).
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