1. (1) A person who violates a provision of this part, a rule or order issued under the authority of this part, or the terms of a license, permit, or registration certificate issued under the authority of this part is subject to a civil penalty not to exceed $10,000 for each violation.
2. (2) The director may assess and make a demand for payment of a penalty under this section and may compromise or remit that penalty.

3. (3) In order to make demand for payment of a penalty assessed under this section, the director shall issue a notice of agency action, specifying, in addition to the requirements for notices of agency action contained in Title 63G, Chapter 4, Administrative Procedures Act:

   1. (a) the date, facts, and nature of each act or omission charged;
   2. (b) the provision of the statute, rule, order, license, permit, or registration certificate that is alleged to have been violated;
   3. (c) each penalty that the director proposes to impose, together with the amount and date of effect of that penalty; and
   4. (d) that failure to pay the penalty or respond may result in a civil action for collection.
4. (4) A person notified according to Subsection (3) may request an adjudicative proceeding.
5. (5) Upon request by the director, the attorney general may institute a civil action to collect a penalty imposed under this section.
6. (6) Except as provided in Subsection 19-1-303.5(2) and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this section into the General Fund.

Amended by Chapter 434, 2026 General Session