§ 131E-109. Penalties. - North Carolina Statutes

§ 131E‑109.  Penalties.

(a)        Any person establishing, conducting, managing or operatingany nursing home without a license shall be guilty of a Class 3 misdemeanor,and upon conviction shall only be liable for a fine of not more than fivehundred dollars ($500.00) for the first offense and not more than five hundreddollars ($500.00) for each subsequent offense. Each day of a continuingviolation after conviction shall be considered a separate offense.

(b)        Any person acting under the authority of the Department whogives advance notice to an operator of a nursing home of the date or time thatthe nursing home is to be inspected shall be guilty of a Class 3 misdemeanor.The inspection of a nursing home for initial licensure shall be exempt from theprohibition of prior notice. All subsequent inspections must comply with theprovisions of this subsection.

(c)        The Secretary or a designee may suspend the admission of anynew patients or residents at any nursing home or domiciliary home where theconditions of the nursing home or domiciliary home are detrimental to thehealth or safety of the patient or resident. This suspension shall remain ineffect until the Secretary is satisfied that conditions or circumstances meritthe removal of the suspension. This subsection shall be in addition toauthority to suspend or revoke the license of the home. Any facility wishing tocontest a suspension of admissions shall be entitled to an administrativehearing as provided in the Administrative Procedure Act, Chapter 150B of theGeneral Statutes. The petition for a contested case shall be filed in theOffice of Administrative Hearings within 20 days after the Department mails awritten notice of suspension of admissions to the facility.

(d)        Except as otherwise provided in this Part, any person whoviolates any provision of this Part or who willfully fails to perform any actrequired, or who willfully performs any act prohibited by this Part, shall beguilty of a Class 1 misdemeanor: Provided, however, that any person who willfullyviolates any rule adopted by the Commission under this Part or who willfullyfails to perform any act required by, or who willfully performs any actprohibited by, these rules shall be guilty of a Class 3 misdemeanor.

(e)        The clear proceeds of civil penalties provided for in thissection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. (1977, c. 656, ss. 1, 2; 1981, c. 667, ss. 1, 2; 1983, c. 775, s. 1;1991, c. 143, s. 3; c. 761, s. 25; 1993, c. 539, s. 960; 1994, Ex. Sess., c.24, s. 14(c); 1998‑215, s. 78(c).)