§ 4-2-12 - Penalties.
SECTION 4-2-12
§ 4-2-12 Penalties. – (a) Any person convicted of violating any of the provisions of this chapter orwho impedes, hinders, or otherwise prevents, or attempts to prevent, thedirector or his or her authorized agent in performance of his or her duty inconnection with the provisions of this chapter shall be adjudged guilty of amisdemeanor and be fined not less than one hundred dollars ($100) or more thantwo hundred dollars ($200) for the first violation, and not less than twohundred dollars ($200) or more than five hundred dollars ($500) for eachsubsequent violation.
(b) Nothing in this chapter shall be construed as requiringthe director or the director's representative to:
(1) Report for prosecution;
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order, as a resultof minor violations of the chapter, or when he or she believes the publicinterest will best be served by suitable notice of warning in writing.
(c) It shall be the duty of the attorney general to whom anyviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay. Before thedirector reports violations for prosecution, an opportunity shall be given thedistributor to present his or her view to the director.
(d) The director is authorized to apply for and the court togrant a temporary or permanent injunction restraining any person from violatingor continuing to violate any of the provisions of this chapter or any rule orregulation promulgated under the chapter notwithstanding the existence of otherremedies at law. The injunction shall be issued without bond.
(e) Any person adversely affected by an act, order, or rulingmade pursuant to the provisions of this chapter may within forty-five (45) daysbring action in superior court in the county where the enforcement official hashis or her office for judicial review of those actions. The form of theproceeding is any which may be provided by the statutes of this state to reviewdecisions of administrative agencies, or in the absence or inadequacy of a formof proceeding, any applicable form of legal action, including actions fordeclaratory judgments or writs or prohibitory or mandatory injunctions.
(f) Any person who uses to his or her own advantage, orreveals to other than the director, or the director's authorized agent(s), orto the courts when relevant in any judicial proceeding, any informationacquired under the authority of this chapter, concerning any method, records,formulations, or processes which as a trade secret is entitled to protection,is guilty of a misdemeanor and shall on conviction be fined not more than onethousand dollars ($1,000) or imprisoned for not more than one year or both.This prohibition shall not be deemed as prohibiting the director, or his or herauthorized agent(s), from exchanging information of a regulatory nature withappointed officials of the United States government, or of other states, whoare similarly prohibited by law from revealing this information.