§486J-9 Failure to timely provide information; failure to make and file statements; false statements; penalties; referral to the attorney general. (a) The petroleum commissioner shall notify those persons who have failed to timely provide the information specified in section 486J-3 or 486J-4 or requested by the commissioner under section 486J-3 or 486J-4. If, within five days after being notified of the failure to provide the specified or requested information, the person fails to supply the specified or requested information, the person shall be subject to a civil penalty of not less than $50,000 per day nor more than $100,000 per day for each day the submission of information is refused or delayed, unless the person has timely filed objections with the commissioner regarding the information and the commissioner has held a hearing and, following a ruling by the commissioner, the person has properly submitted the issue to a court of competent jurisdiction for review.

(b) Any person who wilfully makes any false statement, representation, or certification in any record, report, plan, or other document filed with the commissioner shall be subject to a civil penalty not to exceed $500,000, and shall be deemed to have committed an unfair or deceptive act or practice in the conduct of a trade or commerce and subject to the penalties specified in chapter 480. The commissioner shall refer any matter under this subsection to the attorney general, who may exercise any appropriate legal or equitable remedies that may be available to the State.

(c) For the purposes of this section, "person" means, in addition to the definition contained in section 486J-1, any responsible corporate officer. [L 1997, c 257, pt of §2; am L 2002, c 77, §3(3)]