Section 8-19H-5 Violations; Penalties.

(a) Whenever the Attorney General has reason to believe that a person has violated or is violating this chapter, the Attorney General, acting in the public interest, may bring an action in the name of the state against the person as follows: (1) To enjoin any action that constitutes a violation of this chapter by the issuance of a temporary restraining order or preliminary or permanent injunction. (2) To recover from the alleged violator a civil penalty not to exceed five thousand dollars ($5,000) per violation, and not to exceed a total of fifty thousand dollars ($50,000) in aggregate, as determined by the court. (3) To recover from the alleged violator the Attorney General’s reasonable expenses, investigative costs, and attorney fees. (4) To obtain other appropriate relief as provided for under this chapter. (b) The Attorney General, in addition to other powers conferred by this chapter, may issue subpoenas to any person and conduct hearings in aid of any investigation or inquiry. (c) The Attorney General may seek the revocation of any license or certificate authorizing a manufacturer to engage in business in this state if, after the manufacturer is found to have violated this chapter, the manufacturer demonstrates a repeated pattern of violations of this chapter. (d) For purposes of assessing a penalty under this section, a manufacturer is considered to have committed a separate violation for each device manufactured on or after October 1, 2025, which violates Section 8-19H-2.