N.M. Admin. Code § 8.370.4.14

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

Section 8.370.4.14 - CIVIL MONETARY PENALTY; DAILY PENALTY

A.Accrual: The daily civil monetary penalty amount accrues from the date of harm or injury, or from the date of the regulatory noncompliance, or from the date of the facility's receipt of notice of the intermediate sanction, at the discretion of the licensing authority. The daily civil monetary penalty continues until notice is provided to the licensing authority that all the deficiencies which were originally cited and relied upon in calculating the amount of the daily penalty are corrected. No piecemeal reduction of the daily penalty is available for partial correction of regulatory violations cited as the basis for all or part of the daily penalty.

B.Calculation of amount: For a class A, class B, or class C deficiency, a daily civil monetary penalty is determined by multiplying the facility's licensed capacity times the facility penalty rate, times the severity index. The sum of the civil penalties for each class A, class B and class C deficiency is the total daily civil monetary penalty amount for all class A, class B and class C deficiencies. For each day that the total daily civil monetary penalty for each class A, class B and repeat class C deficiency exceeds $5,000, the civil monetary penalty is $5,000. Expressed as a formula, the calculation of the civil monetary penalty amount per deficiency equals the lesser of either:

(1) $5,000; or

(2) (licensed capacity) x (facility penalty rate) x (severity index).

N.M. Admin. Code § 8.370.4.14

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