§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 a
misdemeanor for each seven-day period or fraction thereof that the violation
continues.  Each subsequent seven-day period shall constitute a separate
offense.



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  Any license to operate a health facility that has been revoked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



(c)  Any person who violates any provision of
this chapter or rules adopted under this chapter, with respect to the agency's
requests for reporting, may be subject to an administrative penalty not to
exceed $2,000 for each seven-day period or fraction thereof that the violation
continues.  The administrator of the state agency may impose the administrative
penalty specified in this section by order; provided that no penalty shall be
assessed unless the person charged shall have been given notice and an
opportunity for a hearing pursuant to chapter 91.  The administrative penalty
contained in the notice of finding of violation shall become a final order
unless, within twenty days of receipt of the notice, the person charged makes a
written request for a hearing.  For any judicial proceeding to recover the
administrative penalty imposed, the administrator 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. [L 1975, c 159, pt of §2; ren and am L 1977, c
178, pt of §2; am L 1997, c 336, §12]