Section 47.05.250. Civil penalties.

   (a) The department may assess a civil penalty against a provider who violates this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07.
   (b) The department shall adopt regulations establishing a range of civil penalties that the department may assess against a provider under this section. In establishing the range of civil penalties, the department shall take into account appropriate factors, including the seriousness of the violation, the service provided by the provider, and the severity of the penalty. The regulations may not provide for a civil penalty of less than $100 or more than $25,000 for each violation.
   (c) The provisions of this section are in addition to any other remedies available under this chapter, AS 47.07, or regulations adopted under this chapter or AS 47.07.
   (d) A provider against whom a civil penalty of less than $2,500 is assessed may appeal the decision assessing the penalty to the commissioner or the commissioner's designee. The commissioner shall, by regulation, establish time limits and procedures for an appeal under this subsection. The decision of the commissioner or the commissioner's designee may be appealed to the office of administrative hearings established under AS 44.64.
   (e) A provider against whom a civil penalty of $2,500 or more is assessed may appeal the decision assessing the penalty to the office of administrative hearings established under AS 44.64.

Notes

History

(Sec. 43 ch 25 SLA 2016)