Violation -- penalty

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80-11-1008. Violation -- penalty. (1) A person violating a provision of this part is subject to an administrative civil penalty of not more than $5,000 for each monthly statement not filed but required by administrative rule.

(2) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts for initial and subsequent offenses, and other matters necessary for the administration of civil penalties under this section. The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6. The department shall adopt the rules within 3 months of July 1, 2019. The department may not enforce the penalties provided for in this section until the rules are adopted.

(3) Funds received in the form of civil penalties must be deposited in the general fund.

History: En. Sec. 9, Ch. 312, L. 2017; amd. Sec. 3, Ch. 64, L. 2019.


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