Okla. Stat. tit. 63, § 63-1-1916.1

of amount of penalty - Appeal - Surrender of license.

A. Any person who has been determined by the State Department

of Health to have violated any provision of the Nursing Home Care

Act or any rule promulgated or order issued pursuant to the

provisions of the Nursing Home Care Act, may be liable for an

administrative penalty for each day that said violation or

violations continue to exist. Penalties of not less than Fifty

Dollars ($50.00) per day or more than Three Thousand Dollars

($3,000.00) per day may be imposed for deficiencies that do not

constitute immediate jeopardy to residents. Penalties of not less

than Three Thousand Fifty Dollars ($3,050.00) per day or more than

Ten Thousand Dollars ($10,000.00) per day may be imposed for

deficiencies constituting immediate jeopardy to residents; provided,

however, that specialized facilities for the developmentally

disabled or nursing facilities licensed pursuant to this act, which

do not participate in Medicaid or Medicare, shall be liable for the

Oklahoma Statutes - Title 63. Public Health and Safety Page 697

maximum penalty, not to exceed Ten Thousand Dollars ($10,000.00) for

any related series of violations.

B. The amount of the penalty shall be assessed by the

Department pursuant to the provisions of subsection A of this

section, after notice and opportunity for hearing. Within ten (10)

working days of the inspection documenting the violation, the

facility may appeal this decision pursuant to Article II of the

Administrative Procedures Act. In determining the amount of the

penalty, the Department shall include, but not be limited to,

consideration of the nature, circumstances and gravity of the

violation, the repetitive nature of the violation at this facility

or others operated by the same entity, the previous degree of

difficulty in obtaining compliance with the rules, and, with respect

to the person found to have committed the violation, the degree of

culpability, the facility's financial condition and substantial show

of good faith in attempting to achieve compliance with the

provisions of the Nursing Home Care Act.

C. Any license holder may elect to surrender his license in

lieu of said fine but shall be forever barred from obtaining a

reissuance of the license or any other license issued pursuant to

the Nursing Home Care Act.