49-110. Compliance order; hearing; judicial
review; enforcement
A. If the director has reasonable cause to believe that a person is in violation of
section 49-109, the director may issue an order requiring compliance immediately or
within a specified time period.
B. A compliance order shall state with reasonable specificity the nature of the
violation, a time for compliance, if applicable, and the right to a hearing.
C. A compliance order shall be transmitted to the alleged violator by certified
mail, return receipt requested, or by hand delivery.
D. A compliance order becomes final and enforceable in the superior court unless
within thirty days after the receipt of the order the alleged violator requests a hearing
before an administrative law judge. If a hearing is requested, the order does not become
final until the administrative law judge has issued a final decision on the appeal.
Except as provided in section 41-1092.08, subsection H, any final agency order issued
pursuant to this section is subject to judicial review pursuant to title 12, chapter 7,
article 6.
E. If a violator fails to comply with a compliance order issued pursuant to
subsection A of this section, the director may issue an order assessing a civil penalty
of not more than one thousand dollars for each day of continued noncompliance with the
order, not to exceed twenty-five thousand dollars.
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