(a) (1) A firm, person, or corporation that violates this subchapter or an order or rule adopted under this subchapter commits a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment not exceeding one (1) month, or both.
(2) Each day of violation under subdivision (a)(1) of this section is a separate offense.
(b) (1) (A) (i) A firm, person, or corporation that violates a rule adopted by the State Board of Health or who violates a condition of a license, permit, certificate, or another type of registration issued by the board may be assessed a civil penalty by the board.
(ii) A penalty assessed under subdivision (b)(1)(A)(i) of this section shall not exceed five thousand dollars ($5,000) for each violation.
(iii) Each day of a continuing violation may be deemed a separate violation for purposes of penalty assessments under this subdivision (b)(1)(A).
(B) However, a civil penalty shall not be assessed until the person charged with the violation has been given an opportunity for a hearing on the violation.
(2) A civil penalty collected under this section shall be deposited into the State Treasury and credited to the Public Health Fund to be used to defray the costs of administering this subchapter.
(3) Subject to rules implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may require unexpended funds from civil penalties collected under this section, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for the following fiscal year.
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