1. Notwithstanding any other provision of this chapter, any person who violates any
of the provisions of, or who fails to perform any duty imposed by this title or any
rule or regulation promulgated pursuant thereto, or any term or condition of any certificate
or permit issued pursuant thereto, or any final determination or order of the commissioner
made pursuant to this title shall be liable in the case of a first violation for a
civil penalty not to exceed twenty-five hundred dollars and an additional penalty
of not more than one thousand dollars for each day during which such violation continues,
to be assessed by the commissioner after an opportunity to be heard pursuant to the
provisions of this chapter or by the court in any action or proceeding pursuant to
this chapter, and, in addition thereto, such person may by similar process be enjoined
from continuing such violation and any permit or certificate issued to such person
may be revoked or suspended or a pending renewal application denied. In the case of a second and any further violation, the liability shall be for a
civil penalty not to exceed five thousand dollars for each such violation and an additional
penalty not to exceed twenty-five hundred dollars for each day during which such violation
2. No penalty assessed or imposed pursuant to the provisions of this title shall be
paid from medicaid or medicare funds.
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