§ 6913. Penalties; abuse; neglect; exploitation; mandatory reporter’s failure to report
(a) Whenever the Department finds, after notice and hearing, that a person has committed
sexual abuse as defined in subdivision 6902(1)(D) of this title, exploitation as defined in subdivision 6902(13) of this title in an amount in excess
of $500.00, abuse that causes grievous injury to or the death of a vulnerable adult,
or neglect that causes grievous injury to or the death of a vulnerable adult, the
Department may impose an administrative penalty of not more than $25,000.00 for each
violation. The Department shall notify the Office of Professional Regulation, or any
other professional licensing board applicable to the violator, of any decision made
pursuant to this subsection.
(b) The Department shall investigate allegations that a mandated reporter has failed to
make a required report when it appears that an investigation is appropriate. Whenever
the Department finds, after notice and hearing, that a mandatory reporter, as defined
in subsection 6903(a) of this title, has willfully violated the provisions of subdivision
6903(a)(1), the Department may impose an administrative penalty not to exceed $1,000.00
per violation. For purposes of this subsection, every 24 hours that a report is not
made beyond the period for reporting required by section 6903 shall constitute a new
and separate violation, and a mandatory reporter shall be liable for an administrative
penalty of not more than $1,000.00 for each 24-hour period, not to exceed a maximum
penalty of $25,000.00 per reportable incident.
(c) Whenever the Department finds that a mandatory reporter willfully or knowingly withheld
information, or provided false or inaccurate information, the Department may impose
an administrative penalty not to exceed $1,000.00 per violation.
(d) A person who is aggrieved by a decision under subsection (a), (b), or (c) of this
section may appeal that decision to the Superior Court, where either party may request
trial by jury. (Added 1985, No. 78, § 13; amended 1993, No. 100, § 8; 2001, No. 135 (Adj. Sess.), § 8, eff. June 13, 2002; 2005, No. 79, § 4; 2023, No. 81, § 1, eff. July 1, 2023.)