32.21 - Suspension, revocation, or limitation of operating certificates and imposition of fines.

§  32.21 Suspension, revocation, or limitation of operating certificates             and imposition of fines.    (a) The commissioner  may  revoke,  suspend,  or  limit  an  operating  certificate  upon a determination that the holder of the certificate has  failed to comply with the terms of its operating certificate or with the  provisions of any applicable statute, rule, or regulation. The holder of  the certificate shall be given notice and an  opportunity  to  be  heard  prior to any such determination.    (b)  The  commissioner may impose a fine of up to one thousand dollars  upon a finding that the holder of the certificate has failed  to  comply  with  the  terms  of its operating certificate or with the provisions of  any applicable statute, rule or regulations.    (c) The penalty provided for in subdivision (b) of this section may be  recovered by an action brought by  the  commissioner  in  any  court  of  competent jurisdiction.    (d)  Such  penalty  may be released or compromised by the commissioner  before the matter has been referred to the attorney general,  and  where  such  matter has been referred to the attorney general, any such penalty  may be released or compromised and any action commenced to  recover  the  same  may  be  settled  or discontinued by the attorney general with the  consent of the commissioner.    (e) It shall be the duty of the attorney general upon the  request  of  the commissioner to bring an action for an injunction against any person  who  violates,  disobeys  or  disregards  any  term or provision of this  chapter or of any lawful notice, order or regulation  pursuant  thereto;  provided,  however,  that  the  commissioner  shall furnish the attorney  general with such material,  evidentiary  matter  or  proof  as  may  be  requested by the attorney general for the prosecution of such an action.    (f)  Pending  a  determination pursuant to the foregoing subdivisions,  the commissioner may, upon written notice to the holder thereof, suspend  an operating certificate for not more than thirty days if he or she  has  reasonable  grounds  for  finding  that  the  continued operation of the  facility presents an immediate danger to the health and welfare  of  the  public or of any of the persons receiving the services.    (g)   The   commissioner   shall   promulgate  rules  and  regulations  establishing procedures for the imposition  of  fines,  and  suspension,  revocation or limitation of operating certificates.