R156-47b-503.1. Administrative Penalties - Massage Establishments

(1) Under Subsection 58-47b-503.1(4), unless otherwise ordered by the Division's presiding officer, the following penalties apply to a massage establishment under Title 58, Chapter 1, Division of Professional Licensing Act, and Title 58, Chapter 47b, Massage Therapy Practice Act: TABLE 7 Violation First Offense Penalty Subsequent Offense Penalty 58-1-501(1)(a) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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: $1,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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: The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(1)(g) $5,000 - $10,000 The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(i) $1,000 - $5,000 The greater of: $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: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(iii) $5,000 - $10,000, subject to Subsection 58-47b-503.1(3). $10,000, subject to Subsection 58-47b-503.1(3). 58-1-501(2)(a)(iv) $5,000 - $10,000 $10,000 58-1-501(2)(a)(vii) $1,000 - $5,000 The greater of: $5,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-1-501(2)(a)(viii) $5,000 - $10,000 The greater of: $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: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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 - $10,000 for a single violation, or up to $2,000 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. 58-47b-501.1(1) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(2) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(3) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(4) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(5) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(6) The greater of: The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(7) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(8) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(9) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(10) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(11) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(13) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-501.1(14) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. 58-47b-502.1(1) The greater of: $500 - $1,000 for a single violation, or $100 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. 58-47b-502.1(2) 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 up to $2,000 per day of an ongoing violation. 58-47b-502.1(3) The greater of: $1,000 - $5,000 for a single violation, or $500 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. 58-47b-502.1(4) The greater of: $1,000 - $5,000 for a single violation, or $500 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or $1,000 per day of an ongoing violation. 58-47b-502.1(5) The greater of $1,000 - $5,000 for a single violation, or $500 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or $1,000 per day of an ongoing violation. 58-47b-502.1(6) The greater of: $250 - $5,000 for a single violation, or $125 per day of an ongoing violation. The greater of: $500 - $10,000 for a single violation, or $250 per day of an ongoing violation. 58-47b-502.1(7) $1,000 - $5,000 $5,000 - $10,000 Any rule from 58-1, 58-47b-501.1, or 58-47b-502.1. 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) $200 - $1,000 $1,000 - $10,000 R156-1-501(2) The greater of: $1,000 - $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. R156-1-501(3) $5,000 - $10,000 $10,000 R156-1-501(4) The greater of: $1,000 - $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. R156-1-501(5) The greater of: $1,000 - $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. R156-1-501(7) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502.1(1) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502.1(2) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502.1(3) The greater of: $1,000 - $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-502.1(4) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502.1(5) The greater of: $1,000 - $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-502.1(6) $10,000 $10,000 R156-47b-502.1(7) The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502.1(8) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. R156-47b-502.1(9) The greater of: $5,000 - $10,000 for a single violation, or up to $2,000 per day of an ongoing violation. The greater of: $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 - $5,000 for a single violation, or $100 per day of an ongoing violation. The greater of: $5,000 - $10,000 for a single violation, or $200 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 shall be at least double the penalty for a second offense, up to the maximum penalty allowed under Section 58-47b-503.1. (3) Multiple offenses may be cited on the same citation if the citation clearly indicates: (a) each offense; and (b) the penalty allocated to each offense. (4) The Division bureau manager, investigative team leader, or chief investigator may authorize a deviation from the penalty amount based upon the aggravating or mitigating circumstances. (5) The Division's presiding officer for a contested citation may increase or decrease the penalties imposed by the citation based on: (a) a review of the evidence; and (b) the aggravating or mitigating circumstances.