§322-8  Administrative penalties.  (a) Any person who violates this part or any rule adopted by the department ofhealth to implement this part shall be fined not more than $10,000 for eachseparate offense.  Any action taken to collect the penalty provided for in thissubsection shall be considered a civil action.

(b)  The director of health may impose by orderthe administrative penalty specified in this section.  Factors to be consideredin imposing the administrative penalty include the nature and history of theviolation and of any prior violation, and the opportunity, difficulty, andhistory of corrective action.  It is presumed that the violator's economic andfinancial conditions allow payment of the penalty and the burden of proof tothe contrary is on the violator.  For any judicial proceeding to recover theadministrative penalty imposed, the director of health need only show thatnotice was given, a hearing was held, or the time granted for requesting ahearing has expired without such a request, the administrative penalty wasimposed, and that the penalty remains unpaid.

(c)  In addition to the penalty undersubsection (a), the director of health may order the person who has committedthe violation to correct the violation at the person's own expense. [L 1983, c100, pt of §1; am L 1984, c 12, §1]