[§468L-27]  Failure by charter tour operator
to file required reports; lack of compliance by charter tour operators;
remedies.  (a)  Any registered travel agency engaged in the business of a
charter tour operator which fails to file any report required to be filed under
this chapter or which files a report indicating that the charter tour operator
is not in compliance with the provisions of this chapter, including without
limitation, any report which indicates that the charter tour client trust
account is not in compliance with the requirements of this chapter, shall be
deemed not to be in substantial compliance with the requirements of this
chapter.



(b)  In addition to any other remedy available,
the director may cause a citation to be issued with respect to a registered
travel agency engaged in the business of a charter tour operator that has not
acted or is not acting in compliance with any provision of this chapter.



(c)  Each citation shall be in writing and
shall describe the basis of the citation, including the specific statutory
provision alleged to have been violated and may contain an order of abatement
directing the travel agency to cease engaging in the business of a charter tour
operator and an assessment of administrative fines as provided by this
section.  All fines collected under this section shall be deposited in the
special fund established under section 26-9(o).



(d)  Any registered travel agency engaged in
the business of a charter tour operator who violates this section shall be
assessed an administrative fine of up to:



(1)  $25,000 for the first violation;



(2)  $50,000 for the second violation; and



(3)  $75,000 for any subsequent violations.



(e)  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 address of the travel agency.



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



(g)  If the person issued a citation under this
section timely notifies the director of a request for a hearing, the director
shall afford an opportunity for a hearing under chapter 91.



(h)  If the person issued a citation under this
section does not submit a written request to the director for a hearing within
twenty days from the service of the citation, the citation shall be transmitted
to the director for issuance of a final order.



(i)  The sanctions and disposition authorized
under this section shall be separate and in addition to all other remedies
provided by law.



(j)  The director may adopt rules pursuant to
chapter 91 necessary for the purpose of this section. [L 1999, c 258, pt of §3]