§ 62-36-122 — Violations - Penalties

(a) A violation of this chapter is a Class B misdemeanor. (b) In addition to or in lieu of any other lawful disciplinary action under this chapter, the commissioner may assess a civil penalty not exceeding one thousand dollars ($1,000) per violation. All penalties owed under this chapter shall be paid to the department for deposit into the treasury of the state and shall accrue to the state and may be recovered in a civil action in the name of the state in any court of record in the county where the violation is alleged to have occurred. (c) Any civil penalty shall be assessed in the following manner: (1) A notice of the assessment shall be sent to the person receiving it by certified mail, return receipt requested; (2) Any person against whom an assessment has been issued may petition the commissioner for a review of the assessment; (3) The petition for review shall be in writing and shall be filed no later than thirty (30) days after the notice of assessment is received; (4) If a petition for review of the assessment is not filed within thirty (30) days after the date the notice is received, then the violator shall be deemed to have consented to the assessment and it shall become final; and (5) If a petition for review of the assessment is filed as provided by this section, then the proceedings on the appeal shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, with respect to the conduct of contested cases.

Legislative History

Acts 2007, ch. 495, § 23.