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HAWAII ADMINISTRATIVE RULES

TITLE 17

DEPARTMENT OF HUMAN SERVICES

SUBTITLE 9 ADULT AND COMMUNITY CARE PROGRAMS

CHAPTER 1424

LICENSING OF ADULT DAY CARE CENTERS

§17—1424—1 Department’s responsibility§17—1424—2 Definitions§17—1424—3 Application for certificate of approval§17-1424—4 Inspection of center§17—1424—4.1 Disposition of complete application§17—1424-5 Temporary certificate§17-1424-6 Issuance of certificate of approval§17—1424-7 Repealed§17-1424—8 Renewal of certificate of approval§17-1424—9 Suspension, revocation, and

discontinuance of certificate ofapproval

§17—1424—10 Appeals and hearings§17—1424—11 Administration§17—1424—12 Personnel and staffing§17—1424—13 Admissions§17—1424—14 Participant fees§17—1424—15 Transportation§17—1424—16 Services for center participants§17—1424—17 Physical location§17-1424-18 Fire protection§17-1424—19 Other disasters and evacuations§17-1424—20 Exceptions§17—1424—21 Penalty§17-1424-22 Separability

Historical Note: Chapter 17—1424 is basedsubstantially upon chapter 17-882. (Eff 7/19/82; R6/29/92)

§17—1424-1 Department’s responsibility. (a) Thedepartment shall recruit and license adult day care

• centers for disabled adults.

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(b) This chapter establishes the standards whichshall be applied by the department in granting acertificate of approval to operate an adult day carecenter for disabled adults.

Cc) The standards shall not apply to any centeror facility conducted solely for the purpose ofeducation, social or recreational activities, or thatis licensed by the state department of health as anadult day health facility. [Eff 6/29/92; am and coup10/04/01 1 (Auth.: FIRS S346—83) (Imp: FIRS §346—83)

§17-1424-2 Definitions. For the purpose of thischapter:

“Adult day care center” or “center” means alicensed facility maintained and operated by anindividual, organization, or agency for the purpose ofproviding regular supportive care to four or moredisabled adult participants, withor without charging afee.

“Applicant” means an individual, organization, oragency that has submitted an application to thedepartment for a certificate of approval to operate anadult day care center.

“Certificate of approval” means a license issuedby the department authorizing the operation of an adultday care center.

“Director,” “administrator,” or “operator of thecenter” means the person responsible to develop and toadminister the adult day care center progran.

“Disabled adult” means the adult living alone, orliving with a spouse, relative, or friend who is unableto function independently and is in need of regularprotective and supportive care.

“Licensee” means the person or organization whichholds the certificate of approval to operate an adultday care center.

“Participant” means a disabled adult who isenrolled at an adult day care center.

“Regular care” means care of disabled adultparticipants which occurs at fixed or uniformintervals, thus excluding temporary, occasional, orcasual care.

“Staff member” means any employee of the adult daycare center who participates regularly in the care ofthe disabled adult participants.

“Standard” means the requirements established in

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this chapter that must be fulfilled for the issuance ofa certificate of approval by the department authorizingthe operation of an adult day care center.

“Supportive care” means provision of a supportiveenvironment, personal care, supervision, andopportunities for social and psychological stimulationto help prevent social and psychological deterioration.

“Volunteer worker” meEns a person who gives tineand services regularly without compensation. [Eff6/29/92; am and comp 10/04/01 3 (Auth: HRS §346—83) (Imp: HRS §346—83)

§17—1424—3 application for certificate ofapproval. (a) Any individual, organization, or agencydesiring to operate an adult day care center shallsubmit an application to the department for acertificate of approval.

(b) The application shall be considered completewhen it includes:

(1) A signed departmental application form;(2) A written statement of services and operating

policies of the applicant’s proposed center;(3) Information relating to the applicant’s

proposed center’s organization andadministration;

(4) Information on the number of staff membersand the staff member’s duties, educationalbackground, and work experiences;

(5) Floor plans of the applicant’s proposedcenter and its location on the property; and

(6) Reports of compliance with applicable countybuilding and zoning codes, fire codes, andstate sanitation requirements.

(c) The date of application shall bethe date acomplete application is received by the department.[Eff 6/29/92; am and comp 10/04/01 1 (Auth: HRS§346—83) (Imp: HRS §346—83)

§17-1424—4 ‘Inspection of center. (a) Thedepartment shall arrange for the inspection of a centeror proposed center by the respective county’s buildingdepartment, county fire department, and, asappropriate, the state department of health todetermine whether the center or proposed center meetsthe standards.

(b) Reports of the building, fire, and sanitation

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inspections shall be kept on file by the department.[Eff 6/29/92; am and camp 10/04/01 ]. (Auth: MRS§346—83) (Imp: MRS §346—83)

§17—1424—4.1 Disposition of application. (a)The department shall dispose of an application for acertificate of approval no later then sixty days fromthe date of application.

(b) The department shall dispose of anapplication by taking one of the following actions:

(1) An applicant shall be determined eligible fora certificate of approval when it is clearlyestablished and recorded that the applicantmeets all the standards for the issuance of acertificate of approval to operate an adultday •care center; or

(2) An applicant shall be determined ineligiblefor a certificate of approval when it isclearly established and recorded that theapplicant does not meet the standards for theoperation of an adult dày care center.

(c) When the department does not dispose of anapplication by the sixtieth day from the date ofapplication, the applicant shall be issued a temporarycertificate of approval as provided in section 17—1424-5 (b). The issuance. of this temporary certificate ofapproval does not constitute a final disposition. The.application shall be processed and a disposition shallbe made as soon as possible. [Eff 10/04/01 ](Auth: HRS §346—83) (Imp: HRS §346—83; MRS §91—13.5)

§17-1424—5 Temporary certificate of approval. (a)A center with minor deficiencies may be issued atemporary certificate of approval for .a period up tothree months if the center is temporarily unable toconform to all the standards. “Minor deficiencies” meandeficiencies which do not involve risk to life, health,or safety of the center participants. The center shallnotify the department in writing of its plans,including time needed, to correct the deficiencies tOconform to the standards.

(1). When necessary action has been initiated toconform to the standards and additional timeis required to correct the minordeficiencies, the center shall be granted anextension of three months.

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(2) A final three-month extension shall begranted when circumstances beyond the controlof the center result in the center’sinability to correct the deficiencies.Circumstances beyond the control of thecenter may include situations such as astrike which may affect the workers’ abilityto correct the deficiencies or to obtainequipment needed to repair or replace thedeficiencies.

(3) At the expiration of the extension periodunder paragraph (1) or (2), the temporarycertifiOate of approval shall be revoked.andthe center operation shall be terminated.

(N A temporary certificate of approval shall beissued by the department to the applicant whoseapplication is not disposed of by the sixtieth day ofthe date of application. The temporary. certificate ofapproval shall be effective from the sixty—first dayand shall remain in effect until the department makes afinal disposition on the application. [Eff 6/29/92; amand comp 10/04/01 ] (Auth: MRS §346—43) (Imp:MRS §346—83)

§17—1424—6 Issuance of certificate of approval.(a) A license to operate the adult day care centershall be issued by the department in the form of acertificate of àpprovl when the department’sevaluation of the, complete application. indicates thatthe center is in compliance with the standards in thischapter.

(b) The department shall issue a certificate ofapproval that shall be valid for not more than twenty—four months.

(c) The certificate of approval shall specify, thename of the center, its address, the maximum number ofadults for whom the center is licensed to provide care,and the period during which the ‘center is licensed.

(d) The. center shall post the certificetp ofapproval in a prominent location at all times-4

(e) The certificate of approval shall btrnontransferable when the individual,organization, or agency to whom it is issuedceases to operate the center.

(f) The certificate of approval shall be subjectto review when any change occurs in a center’s:

(1) Physical facilities or location; or

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(2) Operating policies. Eff 6/29/92; am 8/5/93;am and comp 10/04/01 3 (Auth: HRS §346-83) (Imp: MRS §346—83)

§17—1424—7 REPEALED. [Eff 6/29/92; R 10/04/01)

§17-1424—8 Renewal of certificate of approval.(a) At least thirty days prior to the expiration dateof the current certificate of approval, the centershall apply for renewal of its certificate of approvalby completing the application form, and attaching astatement of services and operating policies of thecenter and information on staff members and theirduties.

(b) A reevaluation of the center shall beconducted by the department to determine whether thecenter ‘continues to comply with the standards.

(c) When the department’s, evaluation reportindicates compliance with the standards, a certificateof approval shall be issued as provided in section 17—1424—6. [Eff 6/29/92; am 8/5/93; am and comp 10/04/01

I (Auth: MRS §346—83) (Imp: HRS §346—83)

§17—1424-9 Suspension, revocation, anddiscontinuance of certificate of approval. (a) When acenter does not meet the standards under which acertificate of approval was granted, the departmentshall notify the center in writing of itsnoncompliance. The written notification shall statethe specific violations and shall give the center aminimum of thirty-three days from the date of themailing of the notice to make the necessarycorrections.

(1) If a center fails to make the:, necessarycorrections within the stated time limitafter the notice is giveb, the certificate ofapproval shall be suspended or revoked by thedepartment.

(2) The department may issue a temporarycertificate of approval as provided insection 17-1424-5 while the necessarycorrections are being made.

(b) The immediate suspension of the certificate

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of approval shall be ordered when conditions existwhich constitute imminent danger to life, health, orsafety of center participants.

Cc) When a center intends to discontinueoperations, it shall notify the department in writingat least thirty days in advance of its intendedactions. [Eff 6/29/92; am 8/05/93; am and comp10/04/01 ] (Auth: HRS §346—83) (Imp: HRS §346—83)

§17-1424—10 Appeals and hearings. (a) Anycenter whose .certificate of approval is to be suspendedor revoked shall be given written notice addressed tothe center’s last known mailing address..

(b) The notice shall contain a statement of thereasons for the proposed action and shall inform thelicensee of the right to appeal the decision to thedirector of the department in writing, within tenworking days after the mailing of the notice of theproposed action.

(c) The director of the department shall give awritten acknowledgement of the receipt of the appeal tothe licensee. The acknowledgement shall be given nolater then fifteen calendar days following the receiptof the timely written appeal. The department shallprovide an opportunity for a prompt hearing before adepartmental hearing officer with respect to theproposed action. On the basis of the evidence adducedat the hearing, the hearing officer shall make thefinal decision of the department as to whether thecertificate of approval shall be suspended or revoked.

Cd) If no timely written appeal is made, thecertificate of approval shall be suspended or revokedas of the termination of the ten day period. [Eff6/29/92; am and comp 10/04/01 J (Auth: HRS §346—83) (Imp: FiRS §346—83)

§17—1424-11 Administration. (a). Each centershall have a director responsible for the total programof the center. The duties and responsibilities ofstaff members shall be clearly defined and indivIdualsexercising administrative authority shall bespecifically identified.

(b) Each center shall have a written statement ofoperating policies that shall include:

Cl) The name and address of the center;

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(2) The name of the individual, organization, orsponsoring agency that operates the center;

(3) Admission policies of the center;(4) Maximum number of adults for whom the center

is equipped to provide services;(5) Specific hours of operation and whether meals

• are served or whether transportation is• provided;(6) Fees charged by the center;(7) Policy and plans for routine and emergency

medical care for participants; and(8) Program of the center and services provided.(c) Each center shall keep the following records:11) A list of current staff members, including

the staff members’ training, work and otherrelated experiences, and health records, asprovided in section 17-1424—12;

(2) Daily schedule of activities.;(3) Daily menu, if meals are served;(4) Emergency information on each participant

including:(A) The name of the family physician of the

participant;(B) Where next of kin or other relatives may

be located; and(C) Written consent to call another

physician when the participant’s regularphysician cannot be contacted;

(5) A list of participants who attend the center;(6) The record of attendance of the participants;(7) completed application forms for each

participant; and(8). A health record for each participant..(d) A staff member shall receive all participants

upon the participants’ arrival at the center.(e) Each. center.shall have comprehensive

liability insurance coverage. [Eff .6/29/92; am .8/5/93;am and comp 10/04/01 ) (Auth: I-IRS §346—83) (Imp:HRS §346—83)

§17—1424—12 Personnel and staffing. (a) Adirector’s responsibilities shall include:

(1) Possession of basic knowledge and training orexperiences in caring for disabled adults;

(2) Responsibility .for the overall administrationof the center and arrangement for adequatecare of the participants; and

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(3) Designation of a staff member to beresponsible for administration, whenever thedirector is absent for any part of the day.

(b) Each center shall have staff members who are:(1) Capable of providing supervision to the

number of participants at the center at alltimes. The staff-participant, ratio:, shall beone regular staff member to six participants.This ratio may include the director of the’facility. Volunteer workers shall not beincluded in the staff—participant ratio;

(2) Mature, responsible persons. Staff membersshall be capable of handling emergencies andaccidents. Staff members shall haveattributes and the ability to understand thedisabled person;

(3) Currently certified in first aid andcardiovascular pulmonary resuscitation (CPR).At least one staff member currently certifiedin first aid and CER training shall:(A) Be at the center while participants are

‘present; and(B) Accompany participants on field trips;

and(4) In good physiqal and mental health as

evidenced by results of a complete healthexamination by a licensed physician andobtained within one year prior’to initialhire, and annually thereafter. ‘Theexamination shall include a tuberculosisclearance that complies with department of,health guidelines. All required examinationreports shall be maintained at the center,available for review by department staff.

(c) All volunteer workers shall be required tohave a tuberculosis clearance that complies withdepartment of health guidelines, obtained within oneyear prior to starting volunteer, work. In addition,the volunteer worker who works ten or more hours perweek shall be required to provide to the center acomplete health examination report obtained within oneyear prior to starting work at the center. Allexamination reports shall ‘be maintained.at the centerfor review by department staff. [Eff 6/29/92, am8/5/93; am and comp 10/04/01 1 (Auth: MRS §346—83) (Imp: MRS §346—83)

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§17—1424—13 Admissions. (a) Each applicationform for admission to the center shall include:

(1) The name of the applicant, home address, dateof birth, and sex;

(2) The name, address, telephone number, andother pertinent information of next of kin orany other person responsible for ‘theapplicanttscare;

(3) The family physician who may be called;(4) Written consent to call another physician

when the family physician cannot be located;and :

(5) The specific hours of the day the applicantshall be under the care of the center.

(b) Each applicant shall have a physicalexamination by a licensed physician prior to admission.to a center. The examination shall take place withinninety calendar days prior to admission to the center.The physician’s report shall contain informationregarding the applicant’s medical diagnosis, including.a tuberculosis clearance that complies with departmentof health guidelines and instructions concerning anyspecial care required by the applicant while at thecenter. An annual physical examination or statement ofhealth, including a tuberculosis clearance thatcomplies with department of health guidelines, shall berequired after an individual becomes a client of thecenter. •.. .

(c) The applicant and the applicant’s familyshall be interviewed.prior toadmission to the center.The persohal interview shall be conducted to securepertinent information on the applicant’s overall.behavior as well as to acquaint the applicant andfamily about the center’s program, policies, andadministration. [Eff 6/29/92; am and comp 10/04/01

I (Auth: HRS §346—83 (Imp: HRS §346—83)

§17—1424-14 . Participant fees,. Participants shallbe informed in writing of the. fees they will be chargedfor adult day care services. ‘[Eff 6/29/92; comp10/04/01 ) (Auth: HRS §346—83) (Imp: HRS §346—83) . . . . .

§17—1424-15 Transportation. When transportationis provided by the center, rules of t,he public

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utilities commission and chapter 286, Hawaii RevisedStatutes, shall be met. [Eff 6/29/92; am and comp10/04/01 ] (Auth: MRS §346—83) (Imp: MRS §346—83)

§17—1424—16 Services for center participants.(a) Services through the center shall include:

(1) Observation and supervision by center staffthroughout the participant’s stay at thecenter;

(2) Proper handling and notification of theperson responsible for the participant’s careor a physician when a participant becomesill;

(3) Counseling and referral to a social agency orpsychiatric facility when participants haveinter-personal, behavioral, or family—relatedproblems;

(4) Isolation of a participant when symptoms of acommunicable disease are evident, pendingmedical clearance. The family or theparticipant’s representative shall becontacted and encouraged to seek medical carefor the participant;

(5) Adherence by staff members to specificinstructions obtained from, a physician forthe care of a participant with specialproblems. The inátructions shall be writtenin the participantTsrecords;

(6) Provision of a participant’s medication bythe family to the center on a daily basis.The staff shall not give the medication,except as allowed under subparagraph (A), butmay supervise or remind a participant about.the need to take the prescribed medication.Medication:(A) May be administered by staff members

licensed by the state as a licensedpractical nurse or registered nurse, orby unlicensed assistive personneldelegated the task by a licensedregistered nurse as provided in chapter16—89, subchapter 15, HawaiiAdministrative Rules, and if theparticipant’s physician has signed anauthorization statement for theadministration of medication by staff

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licensed as a practical nurse orregistered nurse, or by unlicensedassistive personnel delegated the taskby a licensed.registered nurse asprovided in chapter 16—89, subchapter15, Hawaii Administrative Rules;

(B) Shall be kept in their originalcontainer bearing the prescription labelwhich shows the date filled, thephysician’s directions for use and theadult participant’s name; and

(C) Shall be stored out of reach ofparticipants and retu.rned to theparticipant or responsible family memberat the end of each day; and

(7) Retention of first aid supplies at. thecenter. .

(b) Meal requirements shall include:(1) Well balanced meals, when provided by the

centers, which approximate federal standards,type A lunch requirements, which provide thframework for nutritionally adequate schoollunches based on the recommended dailydietary allowances chart; and

(2) Appropriate snacks between meals.Cc) Program requirements shall include:(1) A planned, well—balanced program of

activities and services at each center inorder to enhance the participant’s well—beingand to maximize individual functioning;

(2) Supervision and personal care services bystaff members in order to protect thepartic/ipants. The center shall provideassis/tance such as toileting and shallenc9ñrage a withdrawn or passive individualto,participate in activities and to developslf—hélp skills; . .

(3) Therapeutic, social, educational,• recreational, and other activities such as:

(A) Opportunities for arts and crafts;(B) Daily exercise as can be tolerated by

the participant or as prescribed by theparticipant’s physician;

SC) Development of hobbies;(D) Helping with community activities

which may be handled at the centerand as the participant is capableof managing;

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(E) Reading magazines and books orother sedentary activities such astelevision viewing or listening tothe radio; arid

(F) Excursions or outings at least twicemonthly to points of interest to theparticipants, such as senior centers orother group functions;

(4) Provision of regular rest periods in themorning and in the afternoon; and

(5) Provision of family consultation or referralservices to appropriate community agencies,clinics, or physicians when a participant orfamily is observed to be in need of intensivecounseling, medical, or mental healthservices. [Eff 6/29/92; am and comp 10/04/01

(Auth: fIRS §346—83) (Imp:HRS §346—83)

§17—1424—17 Physical location. (a) Siterequirements shall include:

(1) Location of the center in a safe and sanitaryarea which conforms to laws and regulationsof the state and county governments;

(2) Clean and sanitary conditions for the center,with proper means of refuse disposal. Allsolid waste generated by the operation shallbe properly stored and removed from thepremises at least once a week. There shallbe proper disposal Of sewage with allplumbing outlets connected to a privatesewage disposal system or a public sewersystem;

(3) Provision of adequate natural light,artificial lighting, and ventilation in thebuilding;

(4) Proper maintenance of the building so that itis free from leakage during periods ofrainfall •and free from rodent and insectinfestation;

(5) Adequate space for outdoor activities; and(6) Well—drained outdoor space with both sunny

and shady areas. The outdoor space shall notbe subject to ponding during periods of heavyrainfall.

(b) Building requirements shall include:(1) Conformance by the center to construction

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standards of the local county buildingordinances, state statutes, includingarchitectural barrier requirements,applicable •local fire codes, and rules of thestate department of health, and othergovernment agencies having jurisdiction; and

(2) Conformance by the center to county buildingcode requirements for buildings used for daycare purposes for children.

(c) Electrical requirements shall include:(1) Maintenance of electrical circuits with

proper fire protection which shall beinstalled.in accordance with the respectivecounty electrical code; and

(2) Proper use of extension cords which shall notexceed ten feet in length and shall notextend from one room to another. Theextension cords shall not be extended underrugs or be stapled, nailed, or otherwisepermanently fastened to walls, floors, orceilings.

(d) There shall be a minimum of fifty square feetof floor space per person for recreational, resting,and dining purposes.

(e) Requirements of toilet facilities shallinclude:

(1) A minimum of one toilet and one wash basinconveniently located for every ten persons orfraction thereof, for each sex;’

(2) Installation of grab bars in the toiletenclosures; and

(3) An adequate supply of soap, toilet tissues,and paper hand towels.

(f) Kitchen facility requirements shall include:(1) Kitchen facilities that comply with the

requirements of a single family dwelling’ whenused for the preparation of meals for ten orless persons. When meals are prepared formore than ten persons, •kitchen facilitiesshall comply with the food serviceestablishment regulations of the statedepartment of health;

(2) Adequate facilities and use of proper methodsfor the preparation, serving, refrigeration,and storage of food according to publichealth regulationá of the state department ofhealth including: ‘..

(A) A separate kitchen, which is properly

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screened and insect and rodent proofed,for preparing food; and

(B) An adequate number of sinks with hot andcold running water, soap, and papertowels;

(3) Adequate facilities and use of proper methodsfor garbage disposal and for washing,sanitizing, and storage of cooking, eating,and drinking utensils;

(4) Kitchen stoves or commercial types of heatingappliances requiring stacks or hoods locatedat a safe distance from the wall, ceiling,roof, or other combustible material whichconform to requirements of the state firemarshalTs rules; and

• (5) An approved potable water supply. Adequateand approved drinking facilities shall beprovided.

(g) Health and safety requirements shall include:(1) Provision of moisture proofed below finished

• grade walls and floors, adequate naturallight, and ventilation where a basement isused as a center;

(2) Proper artificial lighting .in all indoorareas;

(3) Confinement of the storage of combustiblematerial to essential articles in line withoperations of the center. There shall be nounnecessary storage of combustible material,•flammable liquids, or other explosivematerials within the building or on thepremises;

(4) Confinement of the burning of rubbish wherenecessary to an approved type domesticincinerator with suitable stack. Anincinerator shall meet pollution regulationsof the department of health;

(5) Storage of all poisons and dangerouschemicals in locked closet or cupboard;

(6) Facilities for washing, rinsing, and dryingof mops provided exclusively for thispurpose; and

(7) Proper facilities for laundering.(h) Equipment requirements shall include:(1) Equipment and material of sufficient quantity

and variety suited to the needs of disabled• adults;

(2) At least one chair with arms per participant

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and sufficient table space for meals and artsand crafts activities;

(3) Equipment of safe construction and material,which is easily cleaned, sturdy, and in goodcondition;

(4) Arrangement of furniture and equipment so asnot to interferewith exits;

(5) At least one bed, lounging chair or recliningchair for each three participants for restingpurposes;

(6) Comfortable chairs such as recliners orrockers so the participants may rest whileremaining within the central activity area;

(7) Adequate insulation of beds and chairs;(8) Bedding protection, pillow coverings,

coverlets, and blankets for each participant.Each participant shall store the aboveprovisions between usage; and

(9) All equipment used by participants beingmaintained in a clean and safe condition.[Eff 6/29/92; am 8/5/93; am and comp 10/04/01

(Auth: FIRS §346—83) (Imp:I-IRS §346—83)

§17-1424-18 Fire protection. (a) The directorshall formulatê an evacuation plan for the protectionand evacuation of the participants to areas of refuge.This plan shall include training of all staff membersand participants in the event of fire. The plan shallbe submitted to the fire department for approval.

(1) Fire drills shall be staged at least once amonth in whichall participants and staffmembers shall participate;

(2) The staff members shall be trained toproperly report a fire, to extinguish a smallfire, and to escape from a fire; and

(3) There shall be an alarm system that meetslocal fire codes to notify the staff and theparticipants in case of fire.

(b) An adequate number of fire extinguishers thatmeet local fire codes shall be installed for use inextinguishing fires. The extinguishers shall beinspected at least once a year and be kept charged andfilled at all times.

(c) An automatic fire alarm system conforming toappropriate local fire codes shall be installed. at allcenters giving care to disabled adults for any part of

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a night. [Eff. 6/29/92; am and comp 10/04/01(Auth: MRS §346—83) (Imp: HRS §346—83)

§17-1424-19 Other disasters and evacuations.Centers located in areas subject to tsunami actiQn,flooding, or similar disasters, shall have a plan ofevacuation toa place of refuge, according to localcivil defense regulations. [Eff 6/29/92; comp 10/04/01

J (Auth: HRS §346—83) (Imp: MRS §346—83)

§17—1424-20 Exceptions. Exceptions to theprovisions of this chapter may be made at thediscretion of the director of the department. [Eff6/29/92;comp 10/04/01 ] (Auth: MRS §346—83)(Imp: MRS 346—83)

§17-1424-21 Penalty. Any individual,organization, or agency operating a day care center fordisabled persons, who wilfully makes any falsestatement or who violates these rules shall be cited bythe department and fined an amount deemed to beappropriate by a court of appropriate jurisdiction, butnot to exceed the maximum of $5,000. [Eff 6/29/92;comp 10/04/01 3 (Auth: MRS §346—83) (Imp: MRS346—83)

§17—1424—22 Separability. If any part, section,subsection, paragraph, subparagraph, or clause àf thischapter, or its application to any person orcircumstance, is for any reason held to beunconstitutional or invalid, the remaining portions ofthis chapter, or the application of this chapter toother persons or circumstances shall not be affected.[Eff 6/29/92; comp 10/04/01 ] (Auth: MRS §346—83)(Imp: MRS §346—83)

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