| (a) DSHS may impose an administrative penalty against
a person who violates this chapter, the Act, or an order issued under
the Act or this chapter.
(b) The maximum administrative penalty is $10,000 per
day, per violation. DSHS may consider each day that a violation continues
as a separate violation for purposes of imposing a penalty.
(c) To determine the amount of the administrative penalty,
DSHS considers:
(1) the person's history of previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public;
(4) demonstrated good faith efforts to correct the
violation and maintain compliance; and
(5) any other matter that justice may require for the
violation.
(d) DSHS classifies a violation according to its level
of severity.
(1) Severity Level I, critical violation. A critical
violation has a direct negative impact on public health and safety.
(2) Severity Level II, serious violation. A serious
violation could threaten public health and safety.
(3) Severity Level III, significant violation. A significant
violation could lead to more serious consequences for public health
and safety if uncorrected.
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