When the Department determines that a facility is in violation of any statutory provision, rule, or regulation
relating to the operation or maintenance of such facility, the Department, upon proper notice to the licensee,
may impose a monetary penalty, deny, suspend, or revoke licenses.
302. Violation Classifications.
Violations of standards in this regulation are classified as follows:
A.Class I violations are those that the Department determines to present an imminent danger to the health,
safety, or well-being of the persons in the facility or a substantial probability that death or serious physical
harm could result therefrom. A physical condition or one or more practices, means, methods, or operations
in use in a facility may constitute such a violation. The condition or practice constituting a class I violation
shall be abated or eliminated immediately unless a fixed period of time, as stipulated by the Department, is
required for correction. Each day such violation exists after expiration of the time established by the
Department shall be considered a subsequent violation.
B.Class II violations are those, other than Class I violations, that the Department determines to have a
negative impact on the health, safety, or well-being of persons in the facility. The citation of a Class II
violation shall specify the time within which the violation is required to be corrected. Each day such
violation exists after the expiration of this time shall be considered a subsequent violation.
C.Class III violations are those that are not classified as Class I or II in these regulations or those that are
against the best practices as interpreted by the Department. The citation of a Class III violation shall specify
the time within which the violation is required to be corrected. Each day such violation exists after
the expiration of this time shall be considered a subsequent violation.
D.The notations, “(I)” or “(II)” placed within sections of this regulation, indicate those standards are
considered Class I or II violations if they are not met, respectively. Failure to meet standards not so
annotated are considered Class III violations.
E.In determining an enforcement action the Department shall consider the following factors:
1. Specific conditions and their impact or potential impact on the health, safety, or well-being of the
residents including, but not limited to: deficiencies in medication management, such as evidence that
residents are not routinely receiving their prescribed medications; serious wastewater problems, such as
toilets not operating or open sewage covering the grounds; housekeeping/maintenance/fire and life safety-related
problems that pose a health threat to the residents; power/water/gas or other utility and/or service
outages; residents exposed to air temperature extremes that jeopardize their health; unsafe condition of the
building/structure such as a roof in danger of collapse; an indictment of an administrator for malfeasance or a
felony, which by its nature, such as drug dealing, indicates a threat to the residents; direct evidence of abuse,
neglect, or exploitation; lack of food or evidence that the residents are not being fed properly; no staff
available at the facility with residents present; unsafe procedures/treatment being practiced by staff; (I)
2. Repeated failure of the licensee/facility to pay assessed charges for utilities and/or services resulting
in repeated or ongoing threats to terminate the contracted utilities and/or services. (II)
12 | Regulation 61-84
3. Efforts by the facility to correct cited violations;
4. Overall conditions of the facility;
5. History of compliance; and
6. Any other pertinent conditions that may be applicable to current statutes and regulations.
F. When imposing a monetary penalty, the Department may invoke 1976 Code Section 44-7-320
(C) to determine the dollar amount or may utilize the following schedule:
Frequency of violation of standard within a 36-month period:
MONETARY PENALTY RANGES
FREQUENCY CLASS I CLASS II CLASS III
1st $500-1,500 $300-800 $100-300
2nd 1000-3000 500-1500 300-800
3rd 2000-5000 1000-3000 500-1500
4th 5000 2000-5000 1000-3000
5th 5000 5000 2000-5000
6t 5000 5000 5000