(a) The commission shall monitor each facility’s compliance with the requirements of this chapter using any of the following methods: (1) Evaluating complaints made by persons to the commission regarding noncompliance with this chapter; (2) Reviewing any analysis prepared regarding noncompliance with this chapter; (3) Auditing the internet websites of facilities for compliance with this chapter; and (4) Confirming that each facility submitted the lists required under § 23-103-5. (b) If the commission determines that a facility is not in compliance with a provision of this chapter, the commission may take any of the following actions, without regard to the order of the actions: (1) Provide a written notice to the facility that clearly explains the manner in which the facility is not in compliance with this chapter; (2) Request a corrective action plan from the facility if the facility has materially violated a provision of this chapter, as determined under § 23-103-7; and (3) Impose an administrative penalty on the facility and publicize the penalty on the commission’s internet website if the facility fails to: (i) Respond to the commission’s request to submit a corrective action plan; or (ii) Comply with the requirements of a corrective action plan submitted to the commission.
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