§ 36-5-811 — Enforcement of requests for information

(a) Failure to comply with a request for information under § 36-5-801(a) may be enforced by the department by the imposition of a civil penalty of one hundred dollars ($100) for the failure to respond to such request. (b) Such penalties shall be assessed by the commissioner of human services after written notice that provides fifteen (15) days to file a written request for appeal. An appeal shall be conducted by the department as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (c) Failure to timely appeal the assessment of the civil penalty shall be final and conclusive of the correctness of the penalty. (d) Any amount found owing shall be due and payable not later than fifteen (15) days after the date of transmission of the determination. (e) Failure to pay an assessment shall result in a lien in favor of the department against the real and personal property of the person or entity to whom or which the request was directed and shall be enforced by original attachment issued by any court having jurisdiction of the monetary amounts assessed in the county where the person resides or where the entity is located.

Legislative History

Acts 1997, ch. 551, § 11.