Section 340.1240  Calculation of Penalties

a)         For the purpose of calculating penalties, each day the violation exists after the date upon which a notice of the violation is received by the facility shall constitute a separate violation.  The Department shall not be required to send additional notices of violation to the facility for such continuing violations.  (Section 3-302 of the Act)

b)         For purposes of calculating penalties, the number of residents per day shall be based on the average number of residents in the facility during the 30 days preceding the discovery of the violation. (Section 3-305(5) of the Act)