§342B-48 - Administrative penalties.

§342B-48  Administrative penalties. 
(a)  In addition to any other administrative or judicial remedy provided by
this chapter, or by rules adopted pursuant to this chapter, the director is
authorized to impose by order the penalties specified in section 342B-47.

(b)  Factors to be considered in imposing an
administrative penalty include:

(1)  The nature and history of the violation and of
any prior violations;

(2) The economic benefit to the violator, or
anticipated by the violator, resulting from the violation;

(3)  The opportunity, difficulty, and history of
corrective action;

(4)  Good faith efforts to comply; and

(5)  Such other matters as justice may require.

(c)  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.

(d)  In any judicial proceeding to recover the
administrative penalty imposed, the director need only show that:

(1)  Notice was given;

(2)  A hearing was held or the time granted for
requesting a hearing has run without such a request;

(3)  The administrative penalty was imposed; and

(4)  The penalty remains unpaid. [L 1992, c 240, pt of
§1; am L 1994, c 268, §4]