§3474.1. Discipline for licensees
A. Any person licensed as a distributor under this Chapter may have his license revoked, suspended, limited, or restricted for a fixed period to be determined by the board for any of the following causes:
(1) Conviction of a felony of the licensee, responsible party, or owner. The record of such conviction, or certified copy thereof from the clerk of court where such conviction occurred or by the judge of such court, shall be sufficient evidence to warrant revocation, suspension, limitation, or restriction.
(2) Suspension, revocation, or other disciplinary action taken by any state or federal agency of a license to distribute legend drugs or legend devices. A certified copy of the record of suspension or revocation by the state where such suspension or revocation occurred shall be conclusive evidence thereof.
(3) Making any fraudulent or untrue statement to the board.
(4) Refusing to respond or otherwise comply with any request from the board.
(5) Refusing to permit entry to the licensed distribution or sales facility to comply with any inspection during normal business hours.
(6) Selling, distributing, or offering to sell or distribute any adulterated, counterfeited, or misbranded legend drug or legend device.
(7) Altering, mutilating, destroying, obliterating, or removing any part of the label of a legend drug or legend device.
(8) Violating any of the provisions of this Chapter or rules and regulations adopted by the board.
B. Proceedings for any disciplinary actions or for the denial, revocation, suspension, limitation, or restriction of a license shall be conducted in accordance with rules and regulations adopted by the board pursuant to the Administrative Procedure Act.
C. The board may require a person who is subject to the authority of the board and against whom disciplinary action has been taken to pay a fine of not more than one thousand dollars per violation.
D. Each day on which a violation occurs shall constitute a separate violation.
E. In addition to the fine, the board may assess all costs incurred in connection with the proceedings to a person who is subject to the authority of the board, including but not limited to investigator, stenographer, and attorney fees.
F. No license shall be issued, reinstated, or renewed until the monetary penalties pursuant to this Section have been paid in full.
Acts 1991, No. 528, §1; Acts 1995, No. 1152, §1, eff. June 29, 1995; Acts 2008, No. 597, §1; Acts 2015, No. 443, §1, eff. July 1, 2015.
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