Section 15.147. Violations

(a) Administrative.

(1) An administrator or designee or facility owner-operator who intentionally or willfully fails to comply or obstructs compliance with § § 15.141—15.146 commits a violation of this chapter and shall be subject to an administrative penalty.

(2) Violations and penalties shall be determined by the Commonwealth agency that licenses the facility. The Commonwealth agency may issue an order assessing a civil penalty of not more than $2,500. An order issued under this paragraph is subject to due process as set forth in 2 Pa.C.S. § § 501—508 and 551—555 (relating to practice and procedure of Commonwealth agencies; and practice and procedure of local agencies) and judicial review in 2 Pa.C.S. § § 701—704 and 751—754 (relating to judicial review of Commonwealth agency action; and judicial review of local agency action).

(3) Representatives of the Departments of Aging, Health and Public Welfare who suspect violations of this section shall report them to the appropriate Commonwealth licensing agency under procedures developed by the Department in consultation with the licensing agency. The report shall be made in writing and include, at a minimum, the facility, the administrator, owner, operator or designee suspected of committing the violation and a description of the suspected violation.

(b) Criminal. An administrator or designee or facility owner who intentionally or willfully fails to comply or obstructs compliance with § § 15.141—15.146 commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of $2,500 or to imprisonment for not more than 1 year, or both.

The provisions of this § 15.147 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412.

Notation

Cross References

This section cited in 6 Pa. Code § 15.41 (relating to reports required to be investigated).