§ 23-16.4-3 - Penalties.
SECTION 23-16.4-3
§ 23-16.4-3 Penalties. – (a) For violations of § 23-16.4-1 the director of the department of healthmay, after appropriate notice and opportunity for a hearing, by order, levyadministrative penalties as follows:
(1) If the violator is a corporation, firm, clinic, hospital,laboratory, or research facility, by a civil penalty of not more than onemillion dollars ($1,000,000), or the applicable amount under subdivision(a)(3), whichever is greater.
(2) If the violator is an individual or an employee of thefirm, clinic, hospital, laboratory, or research facility acting without theauthorization of the firm, clinic, hospital, or research facility, by a civilpenalty of not more than two hundred fifty thousand dollars ($250,000) or theapplicable amount under subdivision (a)(3), whichever is greater.
(3) If any violator derives pecuniary gain from a violationof this section, the violator may be assessed a civil penalty of not more thanan amount equal to the amount of the gross gain multiplied by two (2).
(c) The administrative penalties provided in this sectionshall be paid to the general fund.
(c) Nothing in this chapter shall be construed to give anyperson a private right of action.