486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general. (a) The department shall notify those persons who have failed to timely provide the information specified in section 486J-3 or requested by the department under section 486J-3. If, within five business days after being notified of the failure to provide the specified or requested information, the person fails to supply the specified or requested information, the person shall be subject to a civil penalty of not less than $50,000 per day nor more than $100,000 per day for each day the submission of information is refused or delayed.

(b) Any person, or any employee of any person, who wilfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the department shall be subject to a civil penalty not to exceed $500,000 and shall be deemed to have committed an unfair or deceptive act or practice in the conduct of a trade or commerce and subject to the penalties specified in chapters 480 and 486B.

(c) The department shall refer any matter under subsection (a) or (b) to the attorney general, who may exercise any appropriate legal or equitable remedies that may be available to the State.

(d) For the purposes of this section, "person" means, in addition to the definition contained in section 486J-1, any responsible corporate officer. [L 1997, c 257, pt of 2; am L 2002, c 77, 3(3); am L 2006, c 78, 11; am L 2007, c 182, 8; am L 2010, c 152, 8]



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