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2007 Vetoed Bills and Messages
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H.B. 879
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(E) A FORENSIC LABORATORY THAT FAILS TO COMPLY WITH AN ORDER
ISSUED BY THE SECRETARY UNDER SUBSECTION (D) (C) OF THIS SECTION IS
SUBJECT TO A CIVIL PENALTY OF UP TO $1,000 FOR EACH DAY OF
NONCOMPLIANCE AFTER THE DEADLINE FOR COMPLIANCE STATED IN THE
SECRETARY'S ORDER, NOT TO EXCEED A MAXIMUM PENALTY OF $50,000.
(F) EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE SECRETARY DENIES, SUSPENDS, OR REVOKES A
LICENSE, OR IMPOSES A CIVIL PENALTY UNDER THIS SECTION, THE SECRETARY
SHALL GIVE THE APPLICANT OR LICENSEE NOTICE AND AN OPPORTUNITY FOR A
HEARING.
17-2A-13. 17-2A-10.
(A) IN THIS SECTION, "DISCRIMINATE OR RETALIATE" INCLUDES:
(1) FAILING TO PROMOTE AN INDIVIDUAL OR TO PROVIDE
ANOTHER EMPLOYMENT-RELATED BENEFIT FOR WHICH THE INDIVIDUAL
WOULD OTHERWISE BE ELIGIBLE;
(2) MAKING AN ADVERSE EVALUATION OR DECISION IN
RELATION TO ACCREDITATION, CERTIFICATION, CREDENTIALING, OR
LICENSING OF THE INDIVIDUAL; OR
(3) TAKING A PERSONNEL ACTION THAT IS ADVERSE TO THE
INDIVIDUAL CONCERNED.
(B) (1) A FORENSIC LABORATORY SHALL POST IF A CONSPICUOUS
PLACE A NOTICE TO EMPLOYEES THAT INDICATES THE MANNER IN WHICH TO
REPORT INSTANCES OF NONCOMPLIANCE WITH THE REQUIREMENTS OF THIS
SUBTITLE, INCLUDING DEFICIENCIES WITH RESPECT TO TESTING, QUALITY,
AND TRAINING OF PERSONNEL.
(2) A NOTICE UNDER THIS SUBSECTION SHALL INCLUDE:
(I) THE NAME AND CONTACT INFORMATION OF THE
APPROPRIATE ENTITY OR STATE AGENCY TO WHICH INSTANCES OF
NONCOMPLIANCE MAY BE REPORTED; AND
(II) A DESCRIPTION OF THE RIGHTS OF AND PROTECTIONS
AVAILABLE TO INDIVIDUALS WHO REPORT INSTANCES OF NONCOMPLIANCE.
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- 4772 -
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