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Pennsylvania Statutes Title 35 P.S. Health and Safety § 449.72. Enforcement

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Actions brought by the department.--If a person, regardless of whether the person is a licensee, violates this act or the regulations issued under this act, the department may maintain an action in the name of the Commonwealth for an injunction or other process restraining or prohibiting the person from engaging in such activity.

(b) Civil penalty.--A person, regardless of whether the person is a licensee, who has committed a violation of this act or of a regulation issued under this act, including failure to correct a serious licensure violation, as defined by regulation, within the time specified in a deficiency citation, may be assessed a civil penalty by an order of the department of up to $500 for each deficiency for each day that the deficiency continues. Civil penalties shall be collected from the date the PECC receives notice of the violation until the department confirms correction of such violation.

(c) Interest.--If a pediatric extended care center desires to appeal any department action under this section, the PECC shall pay the fine in order to receive the renewal license. If the PECC wins the appeal and the fine is not upheld, the department shall refund the fine plus interest at the legal rate.

(d) Amounts of fine.--In determining the amount of any fine, the department shall consider the following factors:

(1) The gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm and the extent to which the provisions of the applicable statutes or rules were violated.

(2) Actions taken by the owner or operator to correct violations.

(3) Any previous violations.

(4) The financial benefit to the pediatric extended care center of committing or continuing the violation.

(5) Any other factor the department deems relevant.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 449.72. Enforcement - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-449-72/

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