{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1916.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1916.1","heading":"Violations - Penalties - Criteria for determination","body":"of amount of penalty - Appeal - Surrender of license.\n\nA. Any person who has been determined by the State Department\n\nof Health to have violated any provision of the Nursing Home Care\n\nAct or any rule promulgated or order issued pursuant to the\n\nprovisions of the Nursing Home Care Act, may be liable for an\n\nadministrative penalty for each day that said violation or\n\nviolations continue to exist. Penalties of not less than Fifty\n\nDollars ($50.00) per day or more than Three Thousand Dollars\n\n($3,000.00) per day may be imposed for deficiencies that do not\n\nconstitute immediate jeopardy to residents. Penalties of not less\n\nthan Three Thousand Fifty Dollars ($3,050.00) per day or more than\n\nTen Thousand Dollars ($10,000.00) per day may be imposed for\n\ndeficiencies constituting immediate jeopardy to residents; provided,\n\nhowever, that specialized facilities for the developmentally\n\ndisabled or nursing facilities licensed pursuant to this act, which\n\ndo not participate in Medicaid or Medicare, shall be liable for the\n\nmaximum penalty, not to exceed Ten Thousand Dollars ($10,000.00) for\n\nany related series of violations.\n\nB. The amount of the penalty shall be assessed by the\n\nDepartment pursuant to the provisions of subsection A of this\n\nsection, after notice and opportunity for hearing. Within ten (10)\n\nworking days of the inspection documenting the violation, the\n\nfacility may appeal this decision pursuant to Article II of the\n\nAdministrative Procedures Act. In determining the amount of the\n\npenalty, the Department shall include, but not be limited to,\n\nconsideration of the nature, circumstances and gravity of the\n\nviolation, the repetitive nature of the violation at this facility\n\nor others operated by the same entity, the previous degree of\n\ndifficulty in obtaining compliance with the rules, and, with respect\n\nto the person found to have committed the violation, the degree of\n\nculpability, the facility's financial condition and substantial show\n\nof good faith in attempting to achieve compliance with the\n\nprovisions of the Nursing Home Care Act.\n\nC. Any license holder may elect to surrender his license in\n\nlieu of said fine but shall be forever barred from obtaining a\n\nreissuance of the license or any other license issued pursuant to\n\nthe Nursing Home Care Act.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1945fb78f64f2935c69f2fe1501f6bb6a867d3100755d9003f35e8fcb7947f29","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1916","next":"us-ok/okla.-stat.-tit.-63-63-1-1916.2"},"notice":"GroundRules: Original legal text. Not legal advice."}