R156-47b-503. Administrative Penalties - Individuals

(1) Under Subsection 58-47b-503(6), unless otherwise ordered by the Division's presiding officer, the following penalties apply to a licensed individual under Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 47b, Massage Therapy Practice Act: TABLE 6 Violation First Offense Penalty Subsequent Offense Penalty 58-1-501(1)(a) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(b) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(c) The greater of: $500 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(d) The greater of: $500 -$1,000 for a single violation, or up to $2,000 per day of an ongoing violation The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(e) The greater of: $100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(f) The greater of: $500 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(g) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(i) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(ii) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(iii) $500 - $2,000, subject to Subsection 58-47b-503(5). $2,000 - $10,000, subject to Subsection 58-47b-503(5). 58-1-501(2)(a)(iv) $500 - $2,000 $2,000 - $10,000 58-1-501(2)(a)(v) $100 - $500 The greater of: $500 -$10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(vi) $100 - $500 The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(vii) $500 - $2,000 The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(viii) $100 - $500 The greater of: $500 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(ix) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $500 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(x) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(xi) The greater of: $2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(xii) The greater of: $100 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(xv) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501(1)(a) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501(1)(b) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501(1)(c) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501(1)(d) $2,000 - $5,000 $5,000 - $10,000 58-47b-502(1) The greater of: $500 - $1,000 for a single violation, or $250 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or $500 per day of an ongoing violation. 58-47b-502(2) The greater of: $500 - $1,000 for a single violation, or $100 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or $200 per day of an ongoing violation. 58-47b-502(3) The greater of: $500 - $1,000 for a single violation, or $100 per day of an ongoing violation. The greater of: $1,000 - $5,000 for a single violation, or $200 per day of an ongoing violation. 58-47b-502(4) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-502(5) The greater of: $100 - $2,000 for a single violation, or $125 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or $250 per day of an ongoing violation. 58-47b-502(6) $500 - $1,000 $2,000 - $10,000 58-47b-502(7) The greater of: $500 - $1,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-502(8) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-502(9) The greater of: $100 - $500 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. Any rule from 58-1, 58-47b-501, or 58-47b-502. The greater of: $1,000 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-1-501(1) $100 - $500 $500 - $10,000 R156-1-501(2) The greater of: $500 - $1,000 for a single violation, or $250 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or $500 per day of an ongoing violation. R156-1-501(3) $500 - $2,000 $2,000 - $10,000 R156-1-501(4) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-1-501(5) The greater of: $100 - $1,000 for a single violation, or $150 per day of an ongoing violation. The greater of: $1,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-1-501(7) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(1) The greater of: $2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(2) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(3)(a) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-302(3)(b) The greater of: $100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(4) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(5)(a) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(5)(b) The greater of: The greater of: $100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(5)(c) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(5)(d) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(5)(e) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(5)(f) $200 - $2,000 $2,000 - $10,000 R156-47b-502(6)(a) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(6)(b) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(6)(c) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(7) $100 - $500 $500 - $1,000 R156-47b-502(8) $500 - $2,000 $2,000 - $10,000 R156-47b-502(9) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(10) $500 - $2,000 $2,000 - $10,000 R156-47b-502(11) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(12) $200 - $2,000 $2,000 - $10,000 R156-47b-502(13) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(14) The greater of: $500 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(15) The greater of: $2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(16) The greater of: $2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(17) The greater of: $100 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(18) The greater of: $200 - $2,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502(19) $100 - $500 $500 - $2,000 R156-47b-502(20) The greater of: $100 - $500 for a single violation, or $150 per day of an ongoing violation. The greater of: $500 - $1,000 for a single violation, or $300 per day of an ongoing violation. R156-47b-502(21) $100 - $500 $500 - $1,000 R156-47b-502(22) The greater of: $2,000 - $5,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. Any act of unlawful conduct or unprofessional conduct that is not specifically listed in this penalty schedule. The greater of: $100 - $2,000 for a single violation, or $100 per day of an ongoing violation. The greater of: $2,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. (2)(a) Under Subsection R156-1-502(1), a citation may not be issued for a third or subsequent offense except in extraordinary circumstances approved by the bureau manager or chief investigator. (b) If a citation is issued for a third or subsequent offense, the penalty amount shall be double the second offense penalty amount up to the maximum penalty amount allowed under Section 58-47b-503. (3) Multiple offenses may be cited on the same penalty if the citation clearly indicates: (a) each offense; and (b) the penalty amount allocated to each offense. (4) The Division bureau manager, investigative team leader, or chief investigator may authorize a deviation from the penalty amount in a citation based upon the aggravating or mitigating circumstances. (5) The Division's presiding officer for a contested citation may increase or decrease the penalty amount imposed by an investigator based on: (a) a review of the evidence; and (b) the aggravating or mitigating circumstances.