Enforcement and penalties

(1) If an LEA fails to comply with requirements established under this part, the division may: (a) issue written warnings and compliance orders; (b) suspend or revoke construction permits; (c) require additional inspections at the LEA's expense; (d) impose administrative penalties as provided in rule; and (e) refer matters to appropriate authorities for further action. (2) The division may not assess administrative penalties that exceed: (a) $1,000 for minor violations; (b) $5,000 for significant violations; and (c) $25,000 for violations that pose safety risks or involve willful noncompliance. (3) Before imposing penalties, the division shall: (a) provide written notice of alleged violations; (b) allow reasonable time for correction; (c) provide opportunity for a hearing; and (d) 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: (a) 10% of all projects annually, selected randomly; (b) any project exceeding cost benchmarks by more than 20%; (c) any LEA with previous compliance violations; and (d) any project with reported safety concerns. (7) For serious violations involving life safety, the division may: (a) require immediate work stoppage until corrections are made; (b) mandate third-party oversight at an LEA's expense; (c) require remedial training for LEA officials; and (d) refer matters to the applicable professional licensing board.