TITLE 39

HEALTH AND SAFETY

CHAPTER 83

GENETIC TESTING PRIVACY ACT

39-8304.  Enforcement. (1) Whenever the attorney general has reason to believe that any employer is engaging, has engaged, or is about to engage in any act in violation of this chapter, the attorney general may bring an action in the name of the state against that employer:

(a)  To obtain a declaratory judgment that the act violates the provisions of this chapter;

(b)  To enjoin any act that violates the provisions of this chapter by issuance of a temporary restraining order or preliminary or permanent injunction, without bond, upon the giving of appropriate notice;

(c)  To recover on behalf of the state and its agencies actual damages or restitution; or

(d)  To recover civil penalties of up to twenty-five thousand dollars ($25,000) per violation and reasonable expenses, investigative costs and attorney’s fees.

(2)  The penalties provided in this section are in addition to any other available remedy at law or equity.

(3)  Any civil penalty imposed pursuant to this section shall be deposited in the state general fund.

History:

[39-8304, added 2006, ch. 293, sec. 1, p. 905.]