103D-106 Penalties. (a) Any person who intentionally violates this chapter or any rules adopted pursuant to this chapter shall be guilty of a misdemeanor and shall be:

(1) Subject to removal from office;

(2) Liable to the State or the appropriate county for any sum paid by it in connection with the violation, and that sum, together with interest and costs, shall be recoverable by the State or county; and

(3) Subject to imposition of an administrative fine under subsection (b).

(b) After reasonable notice and reasonable opportunity to be heard, the chief procurement officer, after consultation with the using agency and the attorney general or corporation counsel, as applicable, may render a written decision or issue a written order providing for the assessment of an administrative fine against a person found to have violated this chapter; provided that:

(1) The amount of the fine shall be set out in rules adopted by the policy board pursuant to section 103D-202; and

(2) The written decision or order shall be final and conclusive, subject to an administrative review under section 103D-709. [L Sp 1993, c 8, pt of 2; am L 2007, c 142, 1]


Previous Vol02_Ch0046-0115 Next