Section 488.434 - Civil money penalties: Notice of penalty(a)CMS notice of penalty.(1) CMS sends a written notice of the penalty to the facility for all facilities except non-State operated NFs when the State is imposing the penalty.(2)Content of notice. The notice that CMS sends includes-(i) The nature of the noncompliance;(ii) The statutory basis for the penalty;(iii) Either the amount of penalty per day of noncompliance or the amount of the penalty per instance of noncompliance or both;(iv) Any factors specified in § 488.438(f) that were considered when determining the amount of the penalty;(v) The date(s) of the instance(s) of noncompliance or the date on which the penalty begins to accrue;(vi) When the penalty stops accruing, if applicable;(vii) When the penalty is collected; and(viii) Instructions for responding to the notice, including a statement of the facility's right to a hearing, and the implication of waiving a hearing, as provided in § 488.436 .(b)State notice of penalty.(1) The State must notify the facility in accordance with State procedures for all non-State operated NFs when the State takes the action.(2) The State's notice must-(ii) Include, at a minimum, the information specified in paragraph (a)(2) of this section.59 FR 56243, Nov. 10, 1994; 60 FR 50119, Sept. 28, 1995, as amended at 64 FR 13360, Mar. 18, 1999