TITLE 23

Health and Safety

CHAPTER 23-16.4

Human Cloning

SECTION 23-16.4-3



   § 23-16.4-3  Penalties. –

(a) For violations of § 23-16.4-1 the director of the department of health

may, after appropriate notice and opportunity for a hearing, by order, levy

administrative penalties as follows:



   (1) If the violator is a corporation, firm, clinic, hospital,

laboratory, or research facility, by a civil penalty of not more than one

million dollars ($1,000,000), or the applicable amount under subdivision

(a)(3), whichever is greater.



   (2) If the violator is an individual or an employee of the

firm, clinic, hospital, laboratory, or research facility acting without the

authorization of the firm, clinic, hospital, or research facility, by a civil

penalty of not more than two hundred fifty thousand dollars ($250,000) or the

applicable amount under subdivision (a)(3), whichever is greater.



   (3) If any violator derives pecuniary gain from a violation

of this section, the violator may be assessed a civil penalty of not more than

an amount equal to the amount of the gross gain multiplied by two (2).



   (c) The administrative penalties provided in this section

shall be paid to the general fund.



   (c) Nothing in this chapter shall be construed to give any

person a private right of action.



History of Section.

(P.L. 1998, ch. 189, § 1.)