View all text of Subpart 5 [§ 7971 - § 7974]
§ 7973. Nonsmoking policy for children’s services
(a) Prohibition
(b) Additional prohibition
(1) In general
(2) Exception
Paragraph (1) shall not apply to—
(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(B) any private residence.
(c) Federal agencies
(1) Kindergarten, elementary, or secondary education or library services
(2) Health or day care or early childhood education programs
(A) In general
(B)
Subparagraph (A) shall not apply to—
(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and
(ii) any private residence.
(3) Application of provisions
(d) Notice
(e) Civil penalties
(1) In general
(2) Administrative proceeding
(3) Circumstances affecting penalty or order
In determining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate—
(A) the nature, circumstances, extent, and gravity of the violation;
(B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and
(C) such other matters as justice may require.
(4) Modification
(5) Petition for review
(6) Failure to comply
(Pub. L. 89–10, title VIII, § 8573, formerly title IV, § 4303, as added Pub. L. 107–110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1774; renumbered title IX, § 9563, renumbered title VIII, § 8573, and amended Pub. L. 114–95, title IV, § 4001(a)(1), (4)(A), (B), (C)(ii), title VIII, § 8001(a)(9), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089.)