Written notification to retailer or supplier of violations; opportunity to correct violations; penalties; appeals

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  1. If the commissioner determines that a retailer is in violation of Sections 69-1-301 through 69-1-319, the commissioner shall:
    1. Notify the retailer of the determination of the commissioner; and
    2. Provide the retailer a thirty-day period, during which the retailer must take necessary steps to comply with Sections 69-1-301 through 69-1-319.
  2. If the commissioner determines that a supplier is in violation, the commissioner shall:
    1. Notify the supplier of the determination of the commissioner; and
    2. Provide the supplier a thirty-day period, beginning on the date on which the person receives the notice, during which the supplier shall:
      1. Provide the required information to the retailer; and
      2. Provide to the commissioner a detailed plan of distribution of the required information to all retailers that are supplied covered commodities by the supplier.
  3. If at the end of the thirty-day period, the commissioner determines that the retailer or supplier failed to make a good faith effort to correct the violation or continues to be in violation, the commissioner, in addition to any other civil or criminal penalties, may fine the retailer or supplier not more than One Thousand Dollars ($1,000.00) for each violation. An appeal may be filed as provided under Section 69-25-59.


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