[§329-132]  Violations; penalties.  (a)  In addition to any other penalties allowed by law, any person who violates this part or rules adopted pursuant to this part shall be fined not more than $5,000 for each separate violation.  Each day on which a violation occurs or continues shall constitute a separate offense.

     (b)  The department of health may impose an administrative penalty on a person pursuant to subsection (a) or rules adopted pursuant to this part.  The department of health shall serve the person with written notice of the administrative penalty and the basis for the administrative penalty.  Any notice of an administrative penalty may be accompanied by a cease and desist order or order for corrective action, or both.  The administrative penalty, cease and desist order, and order for corrective action shall become final twenty calendar days after the date of the written notice, unless a contested case hearing is requested pursuant to subsection (c).  The violation of the cease and desist order or order for corrective action shall constitute a further violation of this part.

     (c)  Any person aggrieved by the imposition of an administrative penalty, cease and desist order, or order for corrective action may request a contested case hearing pursuant to chapter 91.  To request a contested case hearing, the person shall submit a written request to the department of health within twenty calendar days of the date of the written notice.  Appeal to the circuit court under section 91-14 or any other applicable statute shall only be taken from the department of health's final order pursuant to a contested case.

     (d)  Any action taken to recover, collect, or enforce the penalty provided for in this section shall be considered a civil action.  For any judicial proceeding to recover or collect an administrative penalty imposed pursuant to subsection (a) or to enforce a cease and desist order or order for corrective action issued pursuant to subsection (b), the department of health may petition any court of appropriate jurisdiction and need only show that:

     (1)  Notice was served upon the person;

     (2)  A hearing was held, or the time granted for requesting a hearing has expired without such a request;

     (3)  The administrative penalty, cease and desist order, or order for corrective action was imposed on the person; and

     (4)  The penalty remains unpaid, or the order was not complied with. [L 2025, c 46, §2]