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

(1)  Issue a field citation assessing anadministrative penalty and ordering corrective action immediately or within aspecified time;

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

(3)  Require compliance immediately or within aspecified time; and

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

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

(c)  Any order issued under this chapter shallbecome 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 thedirector.  Any penalty imposed under this chapter shall become due and payabletwenty days after the notice of penalty is served unless the person or personsnamed therein request in writing a hearing before the director.  Whenever ahearing is requested on any penalty imposed under this chapter, the penaltyshall become due and payable only upon completion of all review proceedings andthe issuance of a final order confirming the penalty in whole or in part.  Uponrequest for a hearing, the director shall require that the alleged violator orviolators appear before the director for a hearing at a time and placespecified in the notice and answer the charges complained of.

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

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

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

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

(e)  If the amount of any penalty is not paidto the department within thirty days after it becomes due and payable, thedirector may institute a civil action in the name of the State to collect theadministrative penalty which shall be a government realization.  In anyproceeding to collect the administrative penalty imposed, the director needonly show that:

(1)  Notice was given;

(2)  A hearing was held or the time granted forrequesting 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 heldpursuant to this section, the director shall have the power to subpoena theattendance of witnesses and the production of evidence on behalf of allparties. [L 1993, c 312, pt of §3; am L 2002, c 176, §8]