144H.18 FINES; CORRECTIVE ACTION PLANS.

299 words·~1 min read·/mn/chapter-144/144h-18

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subdivision 1. Corrective action plans.

If the commissioner determines that a PPEC center is not in compliance with this chapter or rules that apply to PPEC centers, the commissioner may require the center to submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to approval by the commissioner.

Subd. 2. Fines.

The commissioner may issue a fine to a PPEC center, employee, or contractor if the commissioner determines the center, employee, or contractor violated this chapter or rules that apply to PPEC centers. The fine amount shall not exceed an amount for each violation and an aggregate amount established by the commissioner. The failure to correct a violation by the date set by the commissioner, or a failure to comply with an approved corrective action plan, constitutes a separate violation for each day the failure continues, unless the commissioner approves an extension to a specific date.

In determining if a fine is to be imposed and establishing the amount of the fine, the commissioner shall consider:

(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 applicable laws were violated;

(2)actions taken by the owner or administrator to correct violations;

(3)any previous violations; and

(4)the financial benefit to the PPEC center of committing or continuing the violation.

Subd. 3. Fines for violations of other statutes.

The commissioner shall impose a fine of $250 on a PPEC center, employee, or contractor for each violation by that PPEC center, employee, or contractor of section 144H.16, subdivision 2 , or chapter 260E.