| (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (b) The amount of the penalty shall be based on: (1) the seriousness of the violation, including; (A) whether it is an administrative violation, an aggravated administrative violation, or a patient care violation; (B) the nature, circumstances, extent, and gravity of any prohibited act; and (C) the hazard or potential hazard created to the health, safety, or economic welfare of the public; (2) the economic harm to property or the environment caused by the violation; (3) the history of previous violations; (4) the amount necessary to deter a future violation; and (5) efforts to correct the violation. |
