Section 42-72.11-1. – Definitions.

§ 42-72.11-1. Definitions. As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings: (1) “Administrative penalty” means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five hundred dollars ($500). (2) “Citation” […]

Section 42-72.11-2. – Authority of director to assess penalty.

§ 42-72.11-2. Authority of director to assess penalty. The director may assess an administrative penalty on a person who fails to comply with any provision of any rule, regulation, order, permit, license, or approval issued or adopted by the director, or of any law which the director has the authority or responsibility to enforce. History […]

Section 42-72.11-3. – Notice of violation and assessment of penalty.

§ 42-72.11-3. Notice of violation and assessment of penalty. Whenever the director seeks to assess an administrative penalty on any person, the director shall cause to be served upon the person, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which […]

Section 42-72.11-4. – Right to adjudicatory hearing.

§ 42-72.11-4. Right to adjudicatory hearing. (a) Whenever the director seeks to assess an administrative penalty on any person the person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter. (b) A person […]

Section 42-72.11-5. – Judicial review.

§ 42-72.11-5. Judicial review. (a) If an administrative penalty is assessed at the conclusion of an adjudicatory hearing the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of this title. (b) The family court shall have […]

Section 42-72.11-6. – Determination of administrative penalty.

§ 42-72.11-6. Determination of administrative penalty. Prior to the imposition of an administrative penalty, the department shall complete a risk and safety analysis and the director shall consider the following: (1) The actual and potential impact on health, safety and welfare of children impacted by the alleged noncompliance; (2) Whether the person being assessed the […]

Section 42-72.11-7. – Limitations on amount of penalty.

§ 42-72.11-7. Limitations on amount of penalty. The administrative penalty shall be not more than five hundred dollars ($500) for each investigation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation. History of Section.P.L. 2018, ch. 47, art. 15, § 6.

Section 42-72.11-8. – Rules and regulations.

§ 42-72.11-8. Rules and regulations. No administrative penalty shall be assessed by the director pursuant to this chapter until the director has promulgated rules and regulations for assessing administrative penalties in accordance with the provisions of chapter 35 of this title. History of Section.P.L. 2018, ch. 47, art. 15, § 6.

Section 42-72.11-9. – Severability.

§ 42-72.11-9. Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared […]