(c) If a complainant or respondent fails to respond to a subpoena within the
time required by subsection (3)(a) of this section, the division may impose a penalty
of up to five thousand dollars per violation per day for each day the complainant or
respondent fails to respond. The division may delay or dismiss the imposition of the
penalty if the complainant or respondent makes a good-faith effort to comply
within seven days.
(4) (a) If, after an investigation, the division determines that the parties are
unable to come to an agreement or that facilitating negotiations between the
parties is not appropriate to resolve the alleged violation, the division shall make a
written determination on whether a violation of the act, this part 11, or a rule has
occurred.
(b) If the division finds by a written determination that a violation of the act,
this part 11, or a rule has occurred, the division shall deliver a written notice of
violation by certified mail to both the complainant and the respondent. The notice of
violation must specify the basis for the division's determination; the violation; the
action required to cure the violation; the time within which that action must be
taken; the penalties that will be imposed if that action is not taken within the
specified time period; and the process for contesting the determination, required
action, and penalties by means of an administrative hearing.