Delaware Code Title 16. Health and Safety § 1109. Civil penalties

(a)(1) The Department may impose civil money penalties for the violation of provisions of this chapter or the regulations adopted pursuant to it.

(2) A licensee or other person is liable for a civil penalty of not less than $2,000 nor more than $20,000 per violation for violations which the Department determines pose a serious threat to the health and safety of a resident.

(1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or potential hazard created by the violation to the health or safety of a resident or residents.

(2) The history of violations committed by the person or the person's affiliate, employee, or controlling person.

(3) The efforts made by the facility to correct the violation.

(4) The culpability of the person who committed the violation.

(5) A misrepresentation made to the Department or to another person regarding any of the following:

(6) Any other matter that affects the health, safety, or welfare of a resident.

(1) Making a false statement that the person knows or should know is false, about 1 of the following:

(2) Refusing to allow a representative of the Department to inspect without notice at any time either of the following:

(3) Wilfully interfering with the work of a representative of the Department or with the enforcement of this chapter.

(4) Wilfully interfering with the preservation of evidence of a violation of this chapter or regulation pursuant to it.