section .0500 – enforcement and sanctions
10A NCAC 14C .0501 ASSESSMENT OF CIVIL PENALTY
(a) In determining the amount of a penalty assessed for a violation in accordance with G.S. 131E-190(f), the Agency may consider, but is not limited to, the following factors in evaluating the degree and extent of harm and the cost of rectifying the damage caused by the violation:
(1) the amount of revenues derived as a consequence of offering the service; and
(2) the amount of the unauthorized capital expenditure; and
(3) the amount expended in excess of 115 percent of the approved capital expenditure of a certificate of need; and
(4) the person's record of compliance with the Certificate of Need Law and with the terms and conditions of any other certificate of need issued to that person; and
(5) the degree of completion of the project; and
(6) the number of patients served as a consequence of the violation; and
(7) the number of procedures performed or treatments offered as a consequence of the violation; and
(8) the number of days a service is offered as a consequence of the violation; and
(9) whether the violation duplicates an existing or approved health service capability or facility; and
(10) whether the conduct violated any judicial or administrative order, injunction, decree, or decision; and
(11) whether the person impeded or attempted to obstruct the Department's investigation of the current violation; and
(12) whether the development ceased prior to the offering of a new institutional health service; and
(13) whether the person voluntarily terminated the project prior to the Department's investigation of the violation; and
(14) whether the person voluntarily and truthfully cooperated with the Department's investigation of the violation.
(b) Payment of the penalty shall be due within 60 days from the date of notification of the penalty.
History Note: Authority G.S. 131E-177(1); 131E-190(f);
Eff. November 1, 1996.