Fine appropriate where violations established and no hardship waiver shown.
Docket Number: 1332780 , Decision Date: May 23, 2013
Attachment: Click here to download the decision.
The Department imposed a fine of $600 for various violations, including the failure to test a resident’s blood sugar prior to administering medication and storing, instead of disposing of, expired medications. Petitioner argued for a waiver of the fine because the facility has since hired a new director who has improved conditions. Despite this and the fact that there were no repeat violations following the new director’s tenure, the facility did not submit evidence of financial hardship that would impair its ability to provide services, which may be the basis for a waiver of a fine. Judge Walker thus affirmed the imposition of the fine.