Any person who is required by this code to report suspected elder abuse or neglect and fails to do so shall be subject to a civil penalty of up to Five Hundred Dollars ($500.00). The Court shall assess the penalty only after petition, notice, and opportunity for hearing, and a determination that the person has a mandated duty to report, had good reason to suspect elder abuse or neglect, and failed to report it as required by this code. Further, the person failing to report shall be subject to any civil lawsuit brought by or on behalf of the elder for damages suffered as a result of the failure to report. Such person shall also be subject to any penalties set out in the Osage Nation criminal code¹ or as allowed by this code which shall be classified as a misdemeanor, and upon conviction thereof shall be punished or assessed a penalty as determined by the Judge of the Court according to applicable law.