Enforcement - Penalties

The purpose of enforcement actions is to protect residents. Enforcement actions by the department against a residential care facility for children with autism may include monetary penalties against a residential care facility for children with autism for failure to correct a violation or failure to comply with a department-approved plan of correction for such violation as follows: 1. Not less than five dollars per resident per day for each day the violation remains uncorrected if the area of noncompliance relates primarily to administrative tasks within the facility. 2. Not less than eight dollars per resident per day for each day the violation remains uncorrected if the noncompliance relates primarily to provisions dealing with the rights of residents as described in North Dakota Century Code chapter 50-10.2. 3. Not less than ten dollars per resident per day for each day the violation remains uncorrected for noncompliance relating primarily to provisions adopted to protect the health or safety of residents. 4. For purposes of department-imposed penalties under this section, a noncompliance issue or violation must be deemed to have first occurred as of the date of the department determination of noncompliance or the date of the onsite investigation completion, whichever is later.