If abuses of §§ 1-41-25 to 1-41-25.4 , inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4 , inclusive, upon entering a finding that the regulated entity has: (1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4 , inclusive, or the nature or extent of any damage to human health or the environment; (2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or (3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery. Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26 . The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26 .
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