§ 19-14.8-33 - Administrative remedies.
SECTION 19-14.8-33
§ 19-14.8-33 Administrative remedies.– (a) The director may enforce this chapter and rules adopted under this chapterby taking one or more of the following actions:
(1) Ordering a provider or a director, employee, or otheragent of a provider to cease and desist from any violations;
(2) Ordering a provider or a person that has caused aviolation to correct the violation, including making restitution of money orproperty to a person aggrieved by a violation;
(3) Subject to adjustment of the dollar amount pursuant tosubsection 19-14.8-32(f), imposing on a provider or a person that has caused aviolation a civil penalty not exceeding ten thousand dollars ($10,000) for eachviolation;
(4) Prosecuting a civil action to:
(A) Enforce an order; or
(B) Obtain restitution or an injunction or other equitablerelief, or both;
(5) Intervening in an action brought under § 19-14.8-35.
(b) Subject to adjustment of the dollar amount pursuant tosubsection 19-14.8-32(f), if a person violates or knowingly authorizes,directs, or aids in the violation of a final order issued under subsection(a)(1) or (2), the director may impose a civil penalty not exceeding twentythousand dollars ($20,000) for each violation.
(c) The director may maintain an action to enforce thischapter in any county.
(d) The director may recover the reasonable costs ofenforcing the chapter under subsections (a) – (c), including attorney'sfees based on the hours reasonably expended and the hourly rates for attorneysof comparable experience in the community.
(e) In determining the amount of a civil penalty to imposeunder subsection (a) or (b), the director shall consider the seriousness of theviolation, the good faith of the violator, any previous violations by theviolator, the deleterious effect of the violation on the public, the net worthof the violator, and any other factor the director considers relevant to thedetermination of the civil penalty.