Section 125-F:22 Civil Penalties.
I. Any person who violates any license or registration provision of this chapter or any rule or order issued thereunder, or any term, condition, or limitation of any license or registration certificate issued thereunder, or commits any violation for which a license or registration certificate may be revoked under rules adopted pursuant to this chapter, may be subject to a civil penalty, to be imposed by the department. The department, through its program, shall adopt by rule a schedule of civil penalties graduated by degree of severity of the violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The department shall have the power to compromise, mitigate, or remit such penalties.
II. Whenever the department through its program proposes to subject a person to the imposition of a civil penalty under the provisions of this section it shall notify such person in writing:
(a) Setting forth the date, facts, and nature of each act or omission for which the person is charged;
(b) Specifically identifying the particular provision or provisions of the law, rule, order, license, or registration certificate involved in the violation; and
(c) Advising the person of each penalty which the department imposes and its amount.
III. The written notice shall be sent by registered or certified mail by the program to the last known address of such person. The person so notified shall be granted an opportunity to show in writing within such reasonable period as the program by rule may prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action.
IV. Upon request of the department of health and human services, the department of justice is authorized to institute civil action to collect a penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection. All civil penalties collected under this section shall be forwarded to the state treasurer. The state treasurer shall deposit all moneys received under this section, and interest received on such money, to the public health services special fund, which shall be nonlapsing.
Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.