§454F-12 Enforcement authorities; violations; penalties.

424 words·~2 min read·/hi/454f-12

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)To ensure the effective supervision and enforcement of this chapter, the commissioner may, pursuant to chapter 91:

(1)Deny, suspend, revoke, condition, or decline to renew a license because of a violation of this chapter, rules, an order, or a directive entered under this chapter;

(2)Deny, suspend, revoke, condition, or decline to renew a license if an applicant or licensee fails at any time to meet the requirements of section 454F-4, 454F-6, or 454F-8, violates section 454F-17, or withholds information or makes a material misstatement in an application for a license or renewal of a license;

(3)Order restitution against persons subject to this chapter for violations of this chapter;

(4)Impose fines on persons subject to this chapter; and

(5)Issue orders or directives under this chapter as follows:

(A)Order or direct persons subject to this chapter to cease and desist from conducting business, including immediate temporary orders to cease and desist;

(B)Order or direct persons subject to this chapter to cease any harmful activities or violations of this chapter, including immediate temporary orders to cease and desist;

(C)Enter immediate temporary orders to cease doing business under a license issued pursuant to the authority granted under this chapter if the commissioner determines that the license was erroneously granted or the licensee or any person subject to this chapter is currently in violation of this chapter; or

(D)Order or direct any other affirmative action as the commissioner deems necessary.

(b)The commissioner may impose an administrative fine on a licensee or person subject to this chapter if the commissioner finds on the record after notice and opportunity for hearing that the licensee or person subject to this chapter has violated or failed to comply with any requirement of this chapter or any rule prescribed by the commissioner under this chapter or order issued under the authority of this chapter.

(c)The maximum fine for each act or omission described in subsection

(b)shall be $25,000.

(d)Each violation or failure to comply with any directive or order of the commissioner shall be a separate and distinct violation.

(e)Notwithstanding section 480-13.5, any violation of this chapter that is directed toward, targets, or injures an elder, may be subject to an additional civil penalty not in excess of $10,000 for each violation in addition to any other fines or penalties assessed for the violation. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §19; am L 2014, c 198, §5]