{"data":{"id":"us-md/md.-code-health-general-7-910","jurisdiction":"us-md","citation":"Md. Code, Health - General § 7–910","heading":"","body":"(a) The Department shall deny a license to any applicant or suspend or revoke a license if the applicant or licensee fails to comply with the applicable laws, rules, or regulations of this State.\n(b) (1) The Department may impose sanctions, including a civil money penalty, for failure by a licensee to substantially comply with applicable State laws, regulations, or rules.\n(2) The Department shall adopt rules and regulations providing for the sanctions to be imposed under this subsection.\n(3) A civil money penalty imposed under this subsection may not exceed $5,000.\n(4) In establishing the amount of a civil money penalty imposed under this subsection, the Department shall consider, under guidelines established in the regulations adopted under paragraph (2) of this subsection:\n(i) The number, nature, and seriousness of the violations;\n(ii) The degree of risk caused by the violations to the health, life, or safety of the individual served by the licensee;\n(iii) The efforts made by the licensee to correct the violations;\n(iv) Any history of similar violations;\n(v) Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the licensee to continue serving individuals; and\n(vi) Any other reasonable factors as determined by the Department.\n(5) If a civil money penalty is proposed, the Department shall offer the licensee an opportunity for informal dispute resolution.\n(6) If, following the opportunity for informal dispute resolution, a civil money penalty is imposed, the Department shall provide:\n(i) Written notice of:\n1. The basis on which the order is made;\n2. The deficiency on which the order is based;\n3. The amount of the civil money penalty to be imposed; and\n4. The manner in which the amount of the civil money penalty was calculated; and\n(ii) An opportunity for a hearing as provided under subsection (e) of this section.\n(7) The Department shall have the burden of proof with respect to the imposition of a civil money penalty under this subsection.\n(c) Any applicant or licensee who knowingly and willfully makes a false statement in connection with an application under this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $1,000, or imprisonment not exceeding 1 year, or both.\n(d) The Department may impose a penalty not exceeding $500 per day per violation for each day a violation occurs on a licensee that fails to comply with the reporting requirements established under § 7–306.1(l) of this title.\n(e) Except as otherwise provided in § 10–226 of the State Government Article and subsection (f) of this section, before the Department takes any action against an applicant or a licensee under this section, the Department shall give the applicant or licensee notice and an opportunity for a hearing.\n(f) (1) If the Department finds that the public health, safety, or welfare of individuals with disabilities receiving services from a licensee imperatively requires emergency action, the Department may suspend the license or order a licensee to remedy immediately the situation requiring the emergency action.\n(2) The order to remedy immediately the situation shall be effective immediately and shall remain in effect until:\n(i) The Department rescinds the order; or\n(ii) There is a resolution through the administrative hearing process.\n(3) If the Department issues an order under paragraph (1) of this subsection, the Department promptly shall give the licensee:\n(i) Written notice of the order, the finding, and the reasons that support the finding; and\n(ii) An opportunity to be heard.","path":["Article - Health - General"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=ghg\u0026section=7-910","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:58:48Z","sha256":"7c05e71385661dc6e7470d501d3ce5cb294d2534b1eba25ae2b54ce19e159b9f","source_id":"us-md","stale":false,"prev":"us-md/md.-code-health-general-7-909","next":"us-md/md.-code-health-general-7-1001"},"notice":"GroundRules: Original legal text. Not legal advice."}