• 64-14-12. Civil Penalties, License Restrictions and Revocations.


12.1.  Civil Penalties.


12.1.a.  Anyone who violates the provisions of W. Va. Code §§16-5D-1 et seq. and this rule is subject to the penalties provided in W. Va. Code §§16-5D-10, 16-1-17 and -18.


12.1.b.  Upon completion of an inspection report, the commissioner shall determine what, if any, civil penalties, are to be imposed.  The commissioner shall issue citations and assess supplemental penalties for failure to submit an approved plan of correction, for failure to correct continuing violations, and for continued failure to correct violations of a non-life threatening nature.


12.1.c.  If a licensee or a non-licensed operator does not plan to contest a citation that imposes a penalty, he or she within fifteen (15) business days after the issuance of the citation, shall submit to the commissioner the total sum of the penalty assessed.


12.2.  License Restrictions and Revocations.


12.2.a.  The commissioner may ban new resident admissions, reduce the bed capacity of the assisted living residence or both, pursuant to W. Va. Code §16-5D-11, when on the basis of inspection he or she determines that:


12.2.a.1.  There is an immediate and serious threat to one or more residents;


12.2.a.2.  There are poor care outcomes resulting in an avoidable decline in a resident’s condition;


12.2.a.3.  There has been a decline in the functional abilities of one or more residents resulting from neglect or abuse; or

12.2.a.4.  An admission ban or reduction in bed capacity or both would place the assisted living residence in a position to render adequate care.


12.2.b.  The commissioner shall notify a licensee of an admissions ban, a reduction in bed capacity or both, stating the terms of the order, the reasons for the order and the date set for compliance.


12.2.c.  The commissioner may place restrictions upon or revoke the current license of an assisted living residence, if he or she finds on an inspection that there has been a substantial failure to comply with W. Va. Code §§16-5D-1 et seq. and this rule, or evidence of one or more of the criteria for denial of license in Subsection 4.5.of this rule.


12.2.d.  When a license is limited, suspended or revoked the commissioner shall file an administrative complaint in accordance with W. Va. Code §16-5D-11.


12.2.e.  When the commissioner determines that an assisted living residence’s deficiencies constitute an emergency that immediately jeopardizes the health, safety, welfare or rights of its residents, he or she shall petition the circuit court for remedy pursuant to W. Va. Code §16-5D-11.