§1470. Civil penalties; procedures for imposition of penalties
A.Any person who violates any of the provisions of or the regulations adopted
pursuant to this Part; or who alters, forges, or counterfeits, or uses without authority any
license or other document provided for in this Part or in the regulations adopted pursuant to
this Part; or who fails to collect or to timely pay the assessments, fees, and penalties due or
assessed pursuant to this Part, shall be subject, in addition to any unpaid assessments, late
fees, or collection costs, to a civil penalty of not more than five hundred dollars for each act
of violation and for each day of violation. Each day on which a violation occurs shall
constitute a separate offense.
B.Any licensee who violates any of the provisions of or the regul
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§1470. Civil penalties; procedures for imposition of penalties
A. Any person who violates any of the provisions of or the regulations adopted
pursuant to this Part; or who alters, forges, or counterfeits, or uses without authority any
license or other document provided for in this Part or in the regulations adopted pursuant to
this Part; or who fails to collect or to timely pay the assessments, fees, and penalties due or
assessed pursuant to this Part, shall be subject, in addition to any unpaid assessments, late
fees, or collection costs, to a civil penalty of not more than five hundred dollars for each act
of violation and for each day of violation. Each day on which a violation occurs shall
constitute a separate offense.
B. Any licensee who violates any of the provisions of or the regulations adopted
pursuant to this Part shall be subject to having his license suspended, revoked, or placed on
probation, in addition to any other penalties authorized by this Part.
C. Penalties may be assessed only by a ruling of the commissioner based upon an
adjudicatory hearing held in accordance with the provisions of the Administrative Procedure
Act.
(1) The commission shall be convened by the commissioner for the purpose of
hearing any alleged violation of this Part or any rule and regulation adopted pursuant to this
Part.
(2) The commissioner shall appoint a hearing officer to preside over the hearing.
(3) The commission shall make an initial determination on the matter. This
determination shall be submitted to the commissioner in writing.
(4) The commissioner shall make the final determination on the matter. If the
determination of the commissioner differs from the determination of the commission, the
commissioner shall issue a written opinion based on the record of the hearing.
D. In addition to civil penalties, the commissioner may assess the cost of the
adjudicatory hearing against any person found to be in violation of this Part or the regulations
adopted pursuant to this Part. The commissioner shall, by regulation, determine the amount
of costs to be assessed in adjudicatory hearings.