3-3113

3-3113. Penalties; violation;
classification

A. An employer who wilfully or repeatedly violates the requirements of section
3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or
any other provision of this article may be assessed a civil penalty of not more than ten
thousand dollars for each violation.

B. An employer who has received a citation for a serious violation of any provision
of this article shall be assessed a civil penalty of up to one thousand dollars for each
such violation.

C. An employer who has received a citation for a serious violation of any provision
of this article and that violation causes death to an employee shall be assessed a civil
penalty of up to five thousand dollars for each such violation.

D. An employer or trainer who has received a citation for a nonserious violation of
any provision of this article may be assessed a civil penalty of up to one thousand
dollars for each such violation.

E. An employer or trainer who fails to correct a violation for which a citation has
been issued within the abatement period permitted for its correction, which period shall
be suspended in the case of an administrative hearing before an administrative law judge
initiated by the employer in good faith and not solely for delay or avoidance of
penalties, may be assessed a civil penalty of not more than one thousand dollars for each
day during which the failure or violation continues after the abatement date.

F. An employer who knowingly violates the requirements of section 3-3104 or any
standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other
provision of this article and that violation causes death to an employee is guilty of a
class 6 felony, except that if the conviction is for a second or subsequent violation,
the employer is guilty of a class 5 felony.

G. A person who knowingly gives advance notice of any inspection to be conducted
under this article without authority from the assistant director is guilty of a class 2
misdemeanor.

H. A person who knowingly makes a false statement, representation or certification
in any application, record, report, plan or other document filed or required to be
maintained pursuant to this article is guilty of a class 2 misdemeanor.

I. The director may assess all civil penalties prescribed by this section, giving
due consideration to the appropriateness of the penalty with respect to the gravity of
the violation, the number of employees employed by the employer, the number of
individuals taught by the trainer, the good faith of the employer or trainer and the
history of previous violations under this article.

J. Civil penalties owed under this article shall be paid to the department for
deposit in the state general fund. After an order or decision on a civil penalty becomes
final, the civil penalty acts as a judgment against the employer or trainer. The
director shall file the civil penalty in the office of the clerk of the superior court in
any county in this state and the clerk shall enter the civil penalty in the civil order
book and judgment docket. When the civil penalty is filed and entered, it is a lien for
eight years from the date of the final order or decision on the property of the employer
or trainer located in the county. Execution may issue on the civil penalty within eight
years in the same manner and with similar effect as a judgment of the superior
court. The civil penalty judgment shall accrue interest pursuant to section
44-1201. The department may recover reasonable attorney fees incurred pursuant to this
section.