Utah Admin. Code R428-2-8 - Penalties
(1) The department may apply civil penalties
or subject violators to legal prosecution.
(2) Sections
26B-1-224 and
26B-8-509 specify civil and
criminal penalties for failure to comply with the requirements of Title R428 or
Title 26B, Chapter 8, Part 5, Utah Health Data Authority.
(3) Any person or entity that violates Title
R428 may be assessed an administrative civil money penalty not to exceed $3,000
upon an administrative finding of a first violation and up to $5,000 for a
subsequent similar violation within two years. A person may also be subject to
penalties imposed by a civil or criminal court, which may not exceed $5,000 or
a class B misdemeanor for the first violation and a class A misdemeanor for any
subsequent similar violation within two years.
(4) A data supplier that violates Title R428
may be assessed an administrative civil money penalty for each day of
non-compliance. Fines may be imposed as follows:
(a) not to exceed the sum of $10,000 per
violation;
(b) each day of
violation is a separate violation; and
(c) deadlines established in separate
sections of Title R428 are considered as separate
provisions.
(5) The
department may impose a fine on any data supplier that misses a deadline to
submit data required in Title R428 as follows:
(a) fine of $250 per violation shall be
imposed until the data has been supplied as required;
(b) fines shall increase to $500 per
violation for each violation when any data supplier that is currently in
violation misses another deadline; and
(c) after 45 consecutive calendar days of
violation, the department may adjust the per day penalty subject to the limits
in Subsection (4)(a) considering the following aggravating and mitigating
circumstances:
(i) prior violation history and
history of compliance;
(ii) good
faith efforts to prevent violations; and
(iii) size and financial capability of the
data supplier.
(6) The actions described in this section are
designated as adjudicative proceedings. Adjudicative proceedings are governed
by Rule R497-100.
Notes
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