§454F-12  Enforcement authorities;

violations; penalties.  (a)  To ensure the effective supervision and

enforcement of this chapter, the commissioner may, pursuant to chapter 91:

     (1)  Deny, suspend, revoke, condition, or decline to

renew a license because of a violation of this chapter, rules, an order, or a

directive entered under this chapter;

     (2)  Deny, suspend, revoke, condition, or decline to

renew a license if an applicant or licensee fails at any time to meet the

requirements of section 454F-4, 454F-6, or 454F-8, violates section 454F-17, or

withholds information or makes a material misstatement in an application for a

license or renewal of a license;

     (3)  Order restitution against persons subject to this

chapter for violations of this chapter;

     (4)  Impose fines on persons subject to this chapter;

and

     (5)  Issue orders or directives under this chapter as

follows:

         (A)  Order or direct persons subject to this

chapter to cease and desist from conducting business, including immediate

temporary orders to cease and desist;

         (B)  Order or direct persons subject to this

chapter to cease any harmful activities or violations of this chapter,

including immediate temporary orders to cease and desist;

         (C)  Enter immediate temporary orders to cease

doing business under a license issued pursuant to the authority granted under

this chapter if the commissioner determines that the license was erroneously

granted or the licensee or any person subject to this chapter is currently in

violation of this chapter; or

         (D)  Order or direct any other affirmative

action as the commissioner deems necessary.

     (b)  The commissioner may impose an

administrative fine on a licensee or person subject to this chapter if the

commissioner finds on the record after notice and opportunity for hearing that

the licensee or person subject to this chapter has violated or failed to comply

with any requirement of this chapter or any rule prescribed by the commissioner

under this chapter or order issued under the authority of this chapter.

     (c)  The maximum fine for each act or omission

described in subsection (b) shall be $25,000.

     (d)  Each violation or failure to comply with

any directive or order of the commissioner shall be a separate and distinct

violation.

     (e)  Notwithstanding section 480-13.5, any

violation of this chapter that is directed toward, targets, or injures an

elder, may be subject to an additional civil penalty not in excess of $10,000

for each violation in addition to any other fines or penalties assessed for the

violation. [L Sp 2009, c 32, pt of §2; am L 2010, c 84, §19; am L 2014, c 198, §5]