TITLE 23
Health and Safety
CHAPTER 23-16.4
Human Cloning
SECTION 23-16.4-3
§ 23-16.4-3 Penalties.
(a) For violations of § 23-16.4-1 the director of the department of health
may, after appropriate notice and opportunity for a hearing, by order, levy
administrative penalties as follows:
(1) If the violator is a corporation, firm, clinic, hospital,
laboratory, or research facility, by a civil penalty of not more than one
million dollars ($1,000,000), or the applicable amount under subdivision
(a)(3), whichever is greater.
(2) If the violator is an individual or an employee of the
firm, clinic, hospital, laboratory, or research facility acting without the
authorization of the firm, clinic, hospital, or research facility, by a civil
penalty of not more than two hundred fifty thousand dollars ($250,000) or the
applicable amount under subdivision (a)(3), whichever is greater.
(3) If any violator derives pecuniary gain from a violation
of this section, the violator may be assessed a civil penalty of not more than
an amount equal to the amount of the gross gain multiplied by two (2).
(c) The administrative penalties provided in this section
shall be paid to the general fund.
(c) Nothing in this chapter shall be construed to give any
person a private right of action.
History of Section.
(P.L. 1998, ch. 189, § 1.)
