§323D-50  Certificates of need, penalties. (a)  Any person who violates any provision of this part, or rules thereunder,with respect to the requirement for certificate of need shall be guilty of amisdemeanor for each seven-day period or fraction thereof that the violationcontinues.  Each subsequent seven-day period shall constitute a separateoffense.

(b)  Any license to operate a health facilitymay be revoked or suspended by the department of health at any time in aproceeding before the department for any person proceeding with an actioncovered under section 323D-43 without a certificate of need.  If any suchlicense is revoked or suspended by the department, the holder of the licenseshall be notified in writing by the department of the revocation orsuspension.  Any license to operate a health facility that has been revokedunder this section shall not be restored except by action of the department.

(c)  Any person who violates any provision ofthis chapter or rules adopted under this chapter, with respect to the agency'srequests for reporting, may be subject to an administrative penalty not toexceed $2,000 for each seven-day period or fraction thereof that the violationcontinues.  The administrator of the state agency may impose the administrativepenalty specified in this section by order; provided that no penalty shall beassessed unless the person charged shall have been given notice and anopportunity for a hearing pursuant to chapter 91.  The administrative penaltycontained in the notice of finding of violation shall become a final orderunless, within twenty days of receipt of the notice, the person charged makes awritten request for a hearing.  For any judicial proceeding to recover theadministrative penalty imposed, the administrator need only show that noticewas given, a hearing was held or the time granted for requesting a hearing hasexpired without such a request, the administrative penalty was imposed, andthat the penalty remains unpaid. [L 1975, c 159, pt of §2; ren and am L 1977, c178, pt of §2; am L 1997, c 336, §12]