§ 40-30-160 — Violations of this chapter; administrative citations; cease and desist orders; appeal.

(A) The board may issue administrative citations and cease and desist orders in person or by certified mail and may assess administrative penalties against an establishment or individual, including unlicensed persons, for violations of this chapter or Chapter 1, Title 40 and related regulations. (B) For each violation, separate citations may be issued, and separate administrative penalties may be assessed; however, no more than five thousand dollars in administrative penalties may be assessed against an establishment or an individual, including an unlicensed practice, per offense. Administrative penalties authorized under this section are separate from and in addition to all other remedies, either civil or criminal. (C) An entity or individual that has been assessed administrative penalties may appeal those penalties to the board within ten days of receipt of a citation. If an appeal is filed, then the department shall schedule a hearing before the board, which shall make a determination on the matter. If no appeal is filed, then the citation is considered a final order, and the administrative penalties must be paid within thirty days of receipt of the citation or other written demand.

Legislative History

HISTORY: 2022 Act No. 151 (S.227), SECTION 2, eff May 13, 2023. Editor's Note Prior Laws: Former SECTION 40-30-160 was titled Records and registry, and had the following history: 1996 Act No. 387, SECTION 1.