§1446.  Penalty for violation; procedures for imposition of penalties

A.  Whoever violates this Part or the rules and regulations made under this  Part may be subject to a civil penalty of not more than five hundred dollars for each act of violation and for each day of violation.  Each day on which a violation occurs shall be a separate offense.

B.  Penalties may be assessed only by a ruling of the commission based upon an adjudicatory hearing held in accordance with the provisions of the Administrative Procedure Act and this Part as follows:

(1)  The commission shall be convened by the commissioner for the purpose of hearing any alleged violation of this Part or any rule and regulation adopted pursuant to this Part.

(2)  The commissioner shall appoint a hearing officer to preside over the hearing.

(3)  The commission shall make an initial determination on the matter. This determination shall be submitted to the commissioner in writing.

(4)  The commissioner shall make the final determination on the matter. If the determination of the commissioner differs from the determination of the commission, the commissioner shall issue a written opinion based on the record of the hearing.

(5)  Nothing in this Section shall be construed as requiring the commission to institute adjudicatory proceedings for minor violations of this Part when the department believes that the public interest will best be served by a suitable notice of noncompliance in writing.

Amended by Acts 1977, No. 149, §5; Acts 2003, No. 175, §1, eff. July 1, 2003; Acts 2013, No. 26, §1, eff. May 23, 2013.