Civil penalty amount unsupported where no residents were in facility’s care.
Docket Number: 1627302 , Decision Date: February 18, 2016
Attachment: Click here to download the decision.
The Department of Community Health was authorized to fine a community living arrangement (CLA) based on the failure of the owner to be present, or ensure that a staff member was present, during an annual inspection. However, the Department’s proposed fine amount was unsupported inasmuch as it was premised on the CLA’s commission of violations that “pose[d] an imminent and serious threat or hazard . . . to one or more persons in care,” and the evidence showed that no persons resided in the CLA at the time of the inspection.