Civil penalty
If a State agency under subparagraph (A) permits a vendor to continue to participate in the program in lieu of disqualification, the State agency shall assess the vendor a civil penalty in an amount determined by the State agency, in accordance with criteria established by the Secretary, except that—
(i)#
the amount of the civil penalty shall not exceed $10,000 for each violation; and
(ii)#
the amount of civil penalties imposed for violations investigated as part of a single investigation may not exceed $40,000.