| (a) The department may impose an administrative penalty
against a person who holds a license or is registered under this chapter
and who violates this chapter.
(b) The department shall notify a retailer of consumable
hemp products of a potential violation concerning consumable hemp
products sold by the registrant and provide the registrant an opportunity
to resolve such violations made unintentionally or negligently within
ten business days after the department notifies the registrant.
(c) The department shall assess administrative penalties
based upon one or more of the following criteria:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to the health, safety,
or economic welfare of the public;
(2) the history of previous violations;
(3) the amount necessary to deter future violations;
(4) efforts to correct the violation; and
(5) any other matter that justice may require in relation
to the violation.
(d) If the department determines that a violation has
occurred, the department shall issue a notice of violation that states
the facts on which the determination is based, including an assessment
of the penalty.
(e) The notice of violation shall be in writing and
sent to the license holder by certified mail. The notice must include
a summary of the alleged violation and a statement of the amount of
the recommended penalty and must inform the person that the person
has a right to a hearing on the occurrence of the violation, the amount
of the penalty, or both the occurrence of the violation and the amount
of the penalty.
(f) Within 20 business days after the date the person
receives the notice of violation, the person in writing may accept
the determination and recommended penalty of the department or may
make a written request for a hearing on the occurrence of the violation,
the amount of the penalty, or both the occurrence of the violation
and the amount of the penalty.
(g) If the person accepts the determination and recommended
penalty, the department by order shall impose the recommended penalty.
(h) If the person charged with the violation does not
respond in writing within 20 business days after the date the person
receives the notice of violation, the department shall assess the
penalty after determining that a violation occurred and the amount
of penalty. The department shall issue an order requiring that the
person pay the penalty.
(i) If the person requests a hearing, the department
shall refer the matter to the State Office of Administrative Hearings.
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