Ohio § 3702.54

§ 3702.54.

Divisions (A) and (B) of this section apply when the director of health determines

that a person has violated section 3702.53 of the Revised Code . (A) The director shall impose a civil penalty on the person in an amount equal to the

greatest of the following: (1) Three thousand dollars; (2) Five per cent of the operating cost of the activity that constitutes the violation

during the period of time it was conducted in violation of section 3702.53 of the Revised Code ; (3) If a certificate of need was granted, two per cent of the total capital cost associated

with implementation of the activity for which the certificate of need was granted. In no event, however, shall the penalty exceed two hundred fifty thousand dollars. (B)(1) Notwithstanding section 3702.52 of the Revised Code , the director shall refuse to accept for review any application for a certificate

of need filed by or on behalf of the person, or any successor to the person or entity

related to the person, for a period of not less than one year and not more than three

years after the director mails the notice of the director's determination under section 3702.532 of the Revised Code or, if the determination is appealed under section 3702.60 of the Revised Code , the issuance of the order upholding the determination that is not subject to further

appeal.  In determining the length of time during which applications will not be accepted,

the director may consider any of the following: (a) The nature and magnitude of the violation; (b) The ability of the person to have averted the violation; (c) Whether the person disclosed the violation to the director before the director commenced

investigation of the violation; (d) The person's history of compliance with sections 3702.51 to 3702.62 and the rules

adopted under section 3702.57 of the Revised Code ; (e) Any community hardship that may result from refusing to accept future applications

from the person. (2) Notwithstanding the one-year minimum imposed by division (B)(1) of this section,

the director may establish a period of less than one year during which the director

will refuse to accept certificate of need applications if, after reviewing all information

available to the director, the director determines and expressly indicates in the

notice mailed under section 3702.532 of the Revised Code that refusing to accept applications for a longer period would result in hardship

to the community in which the person provides long-term care services.  The director's finding of community hardship shall not affect the granting or denial

of any future certificate of need application filed by the person.