R920-60-12. Penalty for Violation

(1) If an owner-operator or operator violates this rule concerning an amusement ride, the director may: (a) deny, suspend, or revoke, in whole or in part, the owner-operator's annual amusement ride permit or multi-ride permit for the amusement ride; (b) impose fines or administrative penalties per this rule; or (c) both. (2) The director may file an action in district court to enjoin the operation of an amusement ride if the director finds that an owner-operator has violated this rule. (3) If the director finds an owner-operator has violated this rule, the director may issue a citation according to the following schedule, maximum by type of violation: (a) Operating an amusement ride without a current permit, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $500; or (ii) for a second offense, $1,000. (b) Owner-operator fails to notify the director of intent to operate within the state; (i) for a first offense, $500; or (ii) for a second offense, $1,000. (c) Operating an amusement ride without proper liability insurance, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $500; or (ii) for a second offense, $1,000. (d) Operating an amusement ride without current safety inspection certification, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $500; or (ii) for a second offense, $1,000. (e) Operating an amusement ride in violation of a cease-and-desist order, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $1,000; or (ii) for a second offense, $2,500. (f) Failing to report a reportable injury to the director within eight hours after the owner-operator learns of the reportable serious injury, the director may issue a citation per violation, per amusement ride, per day of; (i) for a first offense, $1,000; or (ii) for a second offense, $1,500. (g) Operating an amusement ride by an unqualified person, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $500; or (ii) for a second offense, $1,000. (h) Failing to maintain records of an amusement ride following this rule: (i) for a first offense, $500; or (ii) for a second offense, $1,000. (i) Failing to report a serious physical injury to a fair, show, landlord, or property owner, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $500; or (ii) for a second offense, $750. (j) Failing to update operation locations with the director before operating, the director may issue a citation per violation, per amusement ride, per day of: (i) for a first offense, $250; or (ii) for a second offense, $500. (k) Falsifying an application to the director: (i) for a first offense, $1,000; or (ii) for a second offense, $1,500. (l) Denying the director access to an amusement ride: (i) for a first offense, $1,000; or (ii) for a second offense, $1,500. (m) Other violations of Title 72, Chapter 16, Amusement Ride Safety Act or this rule not listed: (i) for a first offense, Warning; or (ii) for a second offense, $250. (4) The director will not renew an annual permit if the owner-operator has unresolved outstanding violations or unpaid fines.