[§436B-26.5]  Citation for unlicensed
activity; civil penalties.  (a)  In addition to any other remedy
available, the investigator may issue citations to persons acting in the
capacity of or engaging in business within the State without having a license previously
obtained under and in compliance with this chapter, the licensing laws for the
respective profession or vocation, and the rules adopted thereunder.



(b)  Each citation shall be in writing and
shall describe the basis of the citation, including the specific statutory
provisions alleged to have been violated, and may contain an order of
abatement, and an assessment of civil penalties as provided in this section. 
All penalties collected under this section shall be deposited in the special
fund established under section 26-9(o).



(c)  Any person who violates this section shall
be assessed a civil penalty of not more than $500 or forty per cent of the
total amount of the goods and services provided or to be provided, whichever is
greater, for the first violation; not more than $1,000 or forty per cent of the
total amount of the goods and services provided or to be provided, whichever is
greater, for the second violation; and not more than $5,000 or forty per cent
of the total amount of the goods and services provided or to be provided,
whichever is greater, for any subsequent violation.



(d)  Service of a citation issued under this
section shall be made by personal service or by certified mail, restricted
delivery, sent to the last known business or residence address of the person
cited.



(e)  Any person cited under this section may
submit a written request to the director for a hearing, within twenty days from
the service of the citation, with respect to the violations alleged, the scope
of the order of abatement, or the amount of the civil penalties assessed.



(f)  If the person cited under this section
timely notifies the director of the request for a hearing, the director shall
afford an opportunity for a hearing under chapter 91.  The hearing shall be
conducted by the director or the director may designate a hearings officer to
hold the hearing.  The director or any hearings officer designated by the
director shall have the power to issue subpoenas, administer oaths, hear
testimony, find facts, make conclusions of law, and issue a final order.



(g)  If the person cited under this section
does not submit a written request to the director for a hearing within twenty
days from the receipt of the citation, the citation shall be deemed a final
order of the director.



(h)  The director may apply to the appropriate
court for a judgment to enforce the provisions of any final order issued by the
director or designated hearings officer pursuant to this section, including the
provision for abatement and civil penalties imposed.



(i)  If any party is aggrieved by the decision
of the director or the designated hearings officer, the party may appeal in the
manner provided in chapter 91 to the circuit court of the circuit in which the
party resides or has the party's principal place of business or in which the
action in question occurred.  The operation of an abatement order shall not be
stayed on appeal unless specifically ordered by a court of competent
jurisdiction after applying the stay criteria enumerated in section 91-14(c).



(j)  The sanctions and disposition authorized
under this section shall be separate from and in addition to all other remedies
either civil or criminal provided in any other applicable statutory provision.



(k)  The director may adopt rules pursuant to
chapter 91 necessary for the purpose of this section. [L 1993, c 253,
§1; am L 1996, c 31, §1]