§1893.5. Civil penalties

            A. A license shall not be granted to an applicant if the commission determines that an applicant is not qualified to receive a license. A license may be suspended or revoked or a civil penalty may be imposed by the commission if the commission determines that a licensee is guilty of violating any provisions of this Part or the rules and regulations of the commission. The commission may also impose a civil penalty against a person who is determined by the commission to have violated any of the provisions of this Part or the rules and regulations of the commission.

            B.(1) No civil penalty imposed for a violation shall exceed two thousand dollars for each day that the violation continues.

            (2) On a second or subsequent violation, no civil penalty imposed shall exceed three thousand dollars for each day that the second or subsequent violation continues. A lapse of at least one day following the first or previous violation shall occur to constitute a second or subsequent violation.

            C. A civil penalty imposed by the commission may be suspended in whole or in part at the discretion of the commission.

            D. Upon the failure of a person to timely pay a civil penalty imposed by the commission when civil penalty is due, the commission is entitled to recover by suit or otherwise all costs of collection, including court costs, deposition, and other discovery costs, and reasonable attorney fees incurred by the commission in collecting the civil penalty.

            Acts 2023, No. 373, §1.