1.09.280 Penalties; Restitution

(a) A violation of this section is a Class C felony if the value of any property or services retained exceeds five thousand ($5000) dollars and a Class A misdemeanor in all other cases. For purposes of this section, the value of any property and services must be determined.

(b) In the event that a practitioner is adjudicated guilty of a violation of this section, the court shall notify the appropriate licensing authorities of the Tribe and state of the adjudication. The appropriate licensing authority shall hold an administrative hearing to consider the imposition of administrative sanctions as provided by law against the practitioner.

(c) In addition to any other punishment, a person who violates this section must be ordered to make restitution to the insurer or to any other person for any financial loss sustained as a result of the violation of this section. The court shall determine the extent and method of restitution.