32-106.02. Authority to investigate; civil penalties

A. The board may initiate a hearing pursuant to title 41, chapter 6, article 10 on receipt of a complaint that a person who is not exempt from this chapter and is not registered or certified under this chapter is practicing, offering to practice or by implication purporting to be qualified to practice any board regulated profession or occupation. The board shall give notice of the hearing by mailing a copy of the complaint to the person's last known address by certified mail return receipt requested.

B. If after the hearing the board determines that based on the evidence the person committed a violation under section 32-145, it, in addition to any other sanction, action or remedy, shall issue an order that imposes a civil penalty of no more than two thousand dollars per violation.

C. In determining the amount of the civil penalty it imposes, the board shall consider:

1. The seriousness of the violation.

2. The economic benefit to the violator that was generated by the violator's commission of the violation.

3. The violator's history of violations.

4. Any other considerations the board deems appropriate.

D. Except as provided in section 41-1092.08, subsection H, a person may seek judicial review of a final administrative decision made or order issued pursuant to this section pursuant to title 12, chapter 7, article 6.

E. If a person fails to pay a civil penalty that the board imposes within thirty days after the board issues the order or if the order is stayed pending appeal within ten days after the court enters a final judgment in favor of the board, the board shall notify the attorney general. The attorney general may commence a civil action to recover the penalty.

F. An action to enforce an order that was issued under this section may be combined with a petition for injunction under section 32-106.01.

G. The board shall deposit, pursuant to sections 35-146 and 35-147, all civil penalties collected under this section in the state general fund.