1. If a person or laboratory violates any of the provisions of this chapter or the regulations adopted pursuant thereto, the Division may, after giving notice and opportunity to be heard: (a) Impose an administrative penalty of not more than $10,000; and (b) Require the person or laboratory to take any action necessary to correct the violation. 2. Each act in violation of this chapter or the regulations adopted pursuant thereto constitutes a separate offense. 3. In determining the amount of an administrative penalty to be imposed pursuant to this section, the Division shall consider: (a) The severity of the violation, including, without limitation: (1) The probability that death or serious harm to the health or safety of a person may occur as a result of the violation; (2) The severity of the potential or actual harm that may occur to any person as a result of the violation; and (3) The extent to which the provisions of this chapter or the regulations adopted pursuant thereto were violated; (b) Whether the person or laboratory has previously violated the provisions of this chapter or the regulations adopted pursuant thereto; and (c) Any other facts or circumstances that the Division determines are relevant. 4. If the person or laboratory fails to pay the administrative penalty imposed pursuant to this section after the time for an appeal has expired, the Division may: (a) Suspend the license of the person or laboratory; (b) Impose interest on the unpaid administrative penalty at a rate of 10 percent from the date on which the time for an appeal expired until the date the administrative penalty is paid; and (c) Collect court costs, reasonable attorneys fees, the costs of an investigation and other costs incurred to collect the administrative penalty. 5. Except as otherwise provided in this section, all money collected from administrative penalties imposed pursuant to this section must be deposited in the State General Fund. 6. The money collected from such administrative penalties may be accounted for separately and used by the Division to administer and carry out the provisions of this chapter and to protect the health, safety and well-being of patients in accordance with applicable state and federal standards if: (a) The person or laboratory pays the administrative penalty without exercising the right to a hearing to contest the penalty; or (b) The administrative penalty is imposed in a hearing conducted by a hearing officer or panel appointed by the Division. 7. The Division may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Division to conduct hearings, determine violations and impose the administrative penalties authorized by this section. 8. If money collected from an administrative penalty is deposited in the State General Fund, the Division may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay court costs, attorneys fees, the costs of an investigation or other costs incurred to collect the administrative penalty. 9. The Board may adopt regulations to carry out the provisions of this section.
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