§342G-72  Enforcement.  (a)  If the
director determines that any person has violated or is violating any provision
of this chapter, any rule adopted pursuant to this chapter, or any term or
condition of a certification or permit issued pursuant to this chapter, the
director may do any one or more of the following:



(1)  Issue a field citation assessing an
administrative penalty and ordering corrective action immediately or within a
specified time;



(2)  Issue an order assessing an administrative
penalty for any past or current violation;



(3)  Require compliance immediately or within a
specified time; and



(4)  Commence a civil action in circuit court in which
the violation occurred or where the person resides or maintains the person's
principal place of business for appropriate relief, including a temporary,
preliminary, or permanent injunction, the imposition and collection of civil
penalties, or other relief.



(b)  Any order issued pursuant to this section
may include a suspension, modification, or revocation of a certification or
permit issued under this chapter, and shall state with reasonable specificity
the nature of the violation.



(c)  Any order issued under this chapter shall
become final, unless not later than twenty days after the notice of order is served,
the person or persons named therein request in writing a hearing before the
director.  Any penalty imposed under this chapter shall become due and payable
twenty days after the notice of penalty is served unless the person or persons
named therein request in writing a hearing before the director.  Whenever a
hearing is requested on any penalty imposed under this chapter, the penalty
shall become due and payable only upon completion of all review proceedings and
the issuance of a final order confirming the penalty in whole or in part.  Upon
request for a hearing, the director shall require that the alleged violator or
violators appear before the director for a hearing at a time and place
specified in the notice and answer the charges complained of.



(d)  Any hearing conducted under this section
shall be conducted as a contested case under chapter 91.  If after a hearing
held pursuant to this section, the director finds that a violation or
violations have occurred, the director shall:



(1)  Affirm or modify any penalties imposed or shall
modify or affirm the order previously issued; or



(2)  Issue an appropriate order or orders for the
prevention, abatement, or control of the violation involved, or for the taking
of such other corrective action as may be appropriate.



If, after a hearing on an order or penalty contained
in a notice, the director finds that no violation has occurred or is occurring,
the director shall rescind the order or penalty.  Any order issued after
hearing may prescribe the date or dates by which the violation or violations
shall cease and may prescribe timetables for necessary action in preventing,
abating, or controlling the violation.



(e)  If the amount of any penalty is not paid
to the department within thirty days after it becomes due and payable, the
director may institute a civil action in the name of the State to collect the
administrative penalty which shall be a government realization.  In any
proceeding to collect 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 expired without a request for a hearing;



(3)  The administrative penalty was imposed; and



(4)  The penalty remains unpaid.



(f)  In connection with any hearing held
pursuant to this section, the director shall have the power to subpoena the
attendance of witnesses and the production of evidence on behalf of all
parties. [L 1993, c 312, pt of §3; am L 2002, c 176, §8]