(1) If an LEA fails to comply with requirements established under this part, the division may:
- (a) issue written warnings and compliance orders;
- (b) suspend or revoke construction permits;
- (c) require additional inspections at the LEA's expense;
- (d) impose administrative penalties as provided in rule; and
- (e) refer matters to appropriate authorities for further action.
(2) The division may not assess administrative penalties that exceed:
- (a) $1,000 for minor violations;
- (b) $5,000 for significant violations; and
- (c) $25,000 for violations that pose safety risks or involve willful noncompliance.
(3) Before imposing penalties, the division shall:
- (a) provide written notice of alleged violations;
- (b) allow reasonable time for correction;
- (c) provide opportunity for a hearing; and
- (d) consider the LEA's compliance history and efforts to remedy violations.
- (4) Penalty funds collected shall be deposited into the account established in Section 63A-5b-1219.
- (5) An LEA may appeal enforcement actions, penalties, or other division decisions under this section to the appeals panel established under Section 63A-5b-1221.
(6) The division shall conduct mandatory compliance audits of:
- (a) 10% of all projects annually, selected randomly;
- (b) any project exceeding cost benchmarks by more than 20%;
- (c) any LEA with previous compliance violations; and
- (d) any project with reported safety concerns.
(7) For serious violations involving life safety, the division may:
- (a) require immediate work stoppage until corrections are made;
- (b) mandate third-party oversight at an LEA's expense;
- (c) require remedial training for LEA officials; and
- (d) refer matters to the applicable professional licensing board.
Enacted by Chapter 225, 2026 General Session