Okla. Stat. tit. 63, § 63-1-860.9a

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

of Health to have violated any provision of the Oklahoma Hospice

Licensing Act or any rule or order of the State Board of Health

issued pursuant thereto may be assessed an administrative fine of

not less than Fifty Dollars ($50.00) nor more than One Thousand

Dollars ($1,000.00) for each day that the violation continues. The

maximum administrative fine shall not exceed Ten Thousand Dollars

($10,000.00) for any related series of violations that do not

constitute immediate jeopardy to residents. A fine of not less than

Five Hundred Dollars ($500.00) per day nor more than Two Thousand

Five Hundred Dollars ($2,500.00) per day may be assessed for any

violation constituting immediate jeopardy to residents.

B. The amount of the fine shall be assessed by the Department,

pursuant to the provisions of subsection A of this section, after

notice and hearing. In determining the amount of the fine, the

Department shall include, but not be limited to, consideration of:

1. The nature, circumstances, and gravity of the violation;

2. The repetitive nature of the violation by the hospice or by

other hospices operated by the same entity;

3. The previous degree of difficulty in obtaining compliance

with the Oklahoma Hospice Licensing Act or the rules promulgated

pursuant thereto; and

Oklahoma Statutes - Title 63. Public Health and Safety Page 518

4. With respect to the person found to have committed the

violation, the degree of culpability and evidence of a substantial

show of good faith by such person in attempting to achieve

compliance with the provisions of the Oklahoma Hospice Licensing

Act.

C. Any license holder may elect to surrender the first-year or

permanent license of such holder in lieu of such fine but shall be

forever barred from obtaining a reissuance of the license or any

other license issued pursuant to the Oklahoma Hospice Licensing Act.