§3391.12.  Enforcement; civil penalties

A.(1)  In order to enforce the provisions of this Part, the rules or regulations adopted pursuant to this Part, or any quarantine declared or stop order issued by him or in order to implement a treatment program, the commissioner may:

(a)  Seek and obtain from a court of proper jurisdiction and venue an order or orders of enforcement.

(b)  Seek and obtain injunctive relief from any court of proper jurisdiction and venue to restrain and prevent violations.

(c)  Institute civil proceedings for enforcement in any court of proper jurisdiction and venue.

(2)  The commissioner may request the awarding of costs and attorney fees in any court proceeding brought pursuant to this Section.

B.(1)  The commissioner may impose civil penalties for violations of the provisions of this Part, the rules or regulations adopted pursuant to this Part, or any quarantine declared or stop order issued by him.

(2)  Any civil penalties imposed shall not exceed five thousand dollars per offense. Each day on which a violation occurs shall be considered a separate offense.

(3)  Civil penalties shall be imposed only on the basis of an adjudication of violations pursuant to an adjudicatory hearing held in accordance with the Administrative Procedure Act.

(4)  The commissioner may assess the proportionate costs of the adjudicatory hearing against the offender. The commissioner by rule shall determine the amount of costs to be assessed.

C.  All assessments, fees, penalties, and other funds received under the provisions of this Part shall be deposited immediately upon receipt into the state treasury.

Acts 1999, No. 486, §1, eff. June 21, 1999; Acts 2012, No. 834, §1, eff. July 1, 2012.