N.M. Admin. Code § 8.370.4.13

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.370.4.13 - CIVIL MONETARY PENALTIES; INITIAL BASE PENALTY

The authority shall impose civil monetary penalties in accordance with these regulations on licensed facilities, not to exceed $5,000 per day.

A.Civil monetary penalty; initial base penalty assessed: An initial base penalty amount is assessed when a civil monetary penalty is imposed. The base penalty amount is calculated at the rate of the most serious deficiency. For example, the base penalty amount is assessed at the rate applicable to a class A deficiency when the survey or investigation results in citation of regulatory violations comprising class A, class B and class C deficiencies, because the most serious regulatory violation is the class A deficiency. The base penalty is assessed once for the deficiencies cited by the licensing authority during any particular survey or investigation. The base penalty amount is usually greater than the daily penalty amount for the same deficiency.

B.Civil monetary penalty; initial base penalty amount: The licensing authority has the discretion to impose an initial base penalty at any amount within the range for each deficiency level.

(1) Class A deficiency: not less than $500 and not greater than $5,000.

(2) Class B deficiency: not less than $300 and not greater than $3,000.

(3) Class C deficiency: not less than $100 and not greater than $500.

C.Doubling authorized for repeat violations: Where the facility was assessed a civil monetary penalty for class A or B deficiencies within the previous 24 months, the initial base penalty amount is doubled for each instance of the licensed facility's noncompliance with applicable regulation(s) previously assessed as a class A or B deficiency. Where the facility was assessed a civil monetary penalty for a class C deficiency within the previous 24 months, the initial base penalty amount may be doubled for the facility's noncompliance with the applicable regulation(s) previously assessed as a class C deficiency. If such doubling results in civil monetary penalties in excess of $5,000 per day, then the civil monetary penalty is $5,000 per day.

N.M. Admin. Code § 8.370.4.13

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024