§281-101.4  Hearing, illegal manufacture,importation, or sale of liquor.  The liquor commission or liquor controladjudication board may assess and collect a penalty, or reprimand a person fornot having a valid license to manufacture or sell any liquor in violation ofthis chapter or of any rule or regulation applicable thereto.

In every case where the administrator elects toconduct proceedings under this section where it is proposed to assess andcollect a penalty from a person for not having a valid license to manufactureor sell any liquor in violation of this chapter or of any rule or regulationapplicable thereto, that person shall be entitled to notice and hearing inconformity with chapter 91.

At the hearing, before final action is taken bythe commission or board, the person shall be entitled to be heard in person orthrough counsel and shall be given a full and fair opportunity to present factsshowing that the alleged cause or causes for the proposed action do not exist,or any reason why no penalty should be imposed.  The testimony taken at thehearing shall be under oath and recorded stenographically, or by machine, butthe parties shall not be bound by the strict rules of evidence; certifiedcopies of any transcript and of any other record made of or at the hearingshall be furnished to a person upon that person's request and at that person'sexpense.

Any order, reprimand, or penalty imposed by thecommission or board upon a person for not having a valid license to manufactureor sell any liquor in violation of this chapter or of any rule or regulationapplicable thereto shall be in addition to any penalty that might be imposedupon that person's conviction in a court of law for any violation of thischapter.  The amount of penalty assessed and collected by the commission orboard from any person under this section for not having a valid license tomanufacture or sell any liquor shall not exceed the sum of $2,000 for eachcharge.

Whenever the service of any order or noticeshall be required by this section, the service shall be made in the followingmanner:  in the case of any violation based upon the personal observation ofany investigator, a written notice of the violation shall be given to theperson charged with a violation within a reasonable period of time after thealleged violation occurred, the person charged shall be requested toacknowledge receipt of the alleged violation, or, if the person cannot be foundafter diligent search, by leaving a certified copy thereof at the person's dwellinghouse or usual place of abode with some person of suitable age and discretionresiding therein; and if the person cannot be found after diligent search, andservice cannot be made, then service may be made by depositing anothercertified copy thereof in the certified mail of the United States post office,postage prepaid, addressed to the person at the person's last known residenceaddress; provided, that in the case of a partnership, corporation,unincorporated association, or limited liability company, service may be madeupon any partner, officer, or member thereof. [L 1990, c 171, §39; am L 1998, c90, §6 and c 249, §16]