63A-5b-1215. Enforcement and penalties.
(1) If an LEA fails to comply with requirements established under this part, the division may: issue written warnings and compliance orders; suspend or revoke construction permits; require additional inspections at the LEA's expense; impose administrative penalties as provided in rule; and refer matters to appropriate authorities for further action.
(2) The division may not assess administrative penalties that exceed: $1,000 for minor violations; $5,000 for significant violations; and $25,000 for violations that pose safety risks or involve willful noncompliance.
(3) Before imposing penalties, the division shall: provide written notice of alleged violations; allow reasonable time for correction; provide opportunity for a hearing; and consider the LEA's compliance history and efforts to remedy violations.
(4) Penalty funds collected shall be deposited into the account established in Section. 63A-5b-1219
(5) An LEA may appeal enforcement actions, penalties, or other division decisions under this section to the appeals panel established under Section. 63A-5b-1221
(6) The division shall conduct mandatory compliance audits of: 10% of all projects annually, selected randomly; any project exceeding cost benchmarks by more than 20%; any LEA with previous compliance violations; and any project with reported safety concerns.
(7) For serious violations involving life safety, the division may: require immediate work stoppage until corrections are made; mandate third-party oversight at an LEA's expense; require remedial training for LEA officials; and refer matters to the applicable professional licensing board.