Enforcement of chlorofluorocarbon regulations.

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(1) Whenever the division has reason to believe that any person has violated the rules and regulations promulgated pursuant to section 25-7-105 (11), the division may issue a notice of violation or a cease-anddesist order. Such notice or order shall set forth the rule or regulation alleged to have been violated, the facts constituting such violation, and any measures which the person is required to take. In addition, if the division finds that a person is in violation of any rule or regulation promulgated pursuant to section 25-7-105 (11), it may assess a fine of up to one thousand dollars for each violation.

  1. Any person who has been issued a notice of violation or a cease-and-desist order orwho has been ordered to pay a fine may request a hearing before the commission to contest the notice, order, or fine. Such request shall be filed within thirty days after the notice or order has been issued or the fine has been assessed. Upon such request, a hearing shall be held before the commission within a reasonable time.

  2. After a hearing pursuant to subsection (2) of this section, any person aggrieved bythe determination of the commission may seek judicial review of the commission's order within thirty days after entry thereof in the district court for the judicial district in which the violation occurred.

  3. All fines collected pursuant to this section shall be transmitted to the state treasurer,who shall credit the same to the general fund.

Source: L. 89: Entire section added, p. 1158, § 4, effective May 26.


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