Penalty for unlawful or unprofessional conduct

(1) Any person who violates the unlawful conduct provisions of Section 58-28-501 is guilty of a third degree felony. (2) After proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act, and Chapter 1, Division of Professional Licensing Act, the division may impose administrative penalties of up to $10,000 for acts of unprofessional conduct or unlawful conduct under this chapter. (3) Assessment of a penalty under this section does not affect any other action the division is authorized to take regarding a license issued under this chapter. (4) (a) The director may collect a penalty that is not paid by: (i) referring the matter to a collection agency; or (ii) bringing an action in the district court of the county where the person against whom the penalty is imposed resides or in the county where the office of the director is located. (b) A county attorney or the attorney general of the state shall provide legal assistance and advice to the director in an action to collect a penalty. (c) A court shall award reasonable attorney fees and costs to the prevailing party in an action brought by the division to collect a penalty.