Section 1389-GG. Violations of title thirteen


Latest version.
  • 1. Notwithstanding any other
      provision of this chapter, any person who violates any of the provisions
      of,  or  who fails to perform any duty imposed by this title or any rule
      or regulation promulgated pursuant thereto, or any term or condition  of
      any  certificate  or  permit  issued  pursuant  thereto,  or  any  final
      determination or order of the commissioner made pursuant to  this  title
      shall be liable in the case of a first violation for a civil penalty not
      to  exceed  twenty-five hundred dollars and an additional penalty of not
      more than one thousand dollars for each day during which such  violation
      continues, to be assessed by the commissioner after an opportunity to be
      heard  pursuant to the provisions of this chapter or by the court in any
      action or proceeding pursuant to this chapter, and, in addition thereto,
      such person may by similar process  be  enjoined  from  continuing  such
      violation  and  any  permit  or certificate issued to such person may be
      revoked or suspended or a pending renewal  application  denied.  In  the
      case of a second and any further violation, the liability shall be for a
      civil  penalty  not  to  exceed  five  thousand  dollars  for  each such
      violation and an additional penalty not to  exceed  twenty-five  hundred
      dollars for each day during which such violation continues.
        2.  No  penalty assessed or imposed pursuant to the provisions of this
      title shall be paid from medicaid or medicare funds.