Sec 5-108.05. Revocation and suspension of licenses; probation; civil penalties; exception

A. Except as provided by subsections C and D of this section the department may revoke or suspend the license of a licensee or impose probation requirements or a civil penalty, or any combination of these sanctions, based on any of the grounds for which the department could refuse to issue a license pursuant to section 5-108 or for a violation of any provision of this article or the rules of the commission or department.

B. The department shall suspend or revoke a license only after a hearing before the department pursuant to rules adopted by the commission.

C. Except as provided in subsection E of this section, the department shall revoke for a period of not to exceed one year the license of any person who commits an initial violation of any provision of section 5-115. If the licensee is a corporation, the department shall revoke the license if the corporation is controlled or operated directly or indirectly by such a person.

D. Except as provided in subsection E of this section, the department shall revoke permanently the license of any person who commits a subsequent violation of any provision of section 5-115.

E. The department may impose a lesser penalty or sanction authorized by this article for a violation of a rule with respect to medication if the department finds by clear and convincing evidence that the permitted medication or medication which reduces exercise induced pulmonary hemorrhage which is revealed in a sample or test was administered to the animal in a lawful manner.