Upon the unwarrantable failure of an operator to comply or upon refusal of an operator of any mine to comply with the requirements of any order issued to such operator, the Administrator may immediately notify the Attorney General of the unwarrantable failure to comply or the refusal. The Attorney General, or the district attorney of the county in which the mine is situated at the instigation of the Attorney General, must thereupon immediately commence an action in the name of the State against the operator so notified for the enforcement of the penalty designated in NRS 512.270.