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



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



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