41-2115. Civil penalties
A. A person who violates this chapter, any rule of the department or any license
requirement is subject to a civil penalty imposed by the director. A person who violates
this chapter, any rule of the department or any license requirement may request a hearing
to review a civil penalty imposed under this section. The department shall conduct the
hearing in accordance with chapter 6, article 10 of this title. Except as prescribed in
subsection B of this section, the civil penalty shall not exceed one thousand dollars for
each infraction nor more than ten thousand dollars for any thirty day period at each
business location, for each registered service representative or for each public
weighmaster, provided that no person shall be assessed more than fifty thousand dollars
per thirty day period.
B. The director may double the maximum civil penalty if any of the following
applies:
1. A commercial device is found to be in violation with results that favor the
retailer at more than twice the allowable tolerance as stated in national institute of
standards and technology handbook 44.
2. A package is found to exceed the maximum allowable variation for the labeled
quantity allowed in national institute of standards and technology handbook 133 or the
average error of the lot is twice the sample error limit in favor of the retailer.
3. A stage II vapor recovery system reinspection fails the required tests.
4. A maximum civil penalty has been imposed on a retailer for a price posting or
price verification violation and in a reinspection, if conducted within ninety days, the
failure rate is ten per cent or more and at least one error is in favor of the retailer.
5. A maximum civil penalty has been imposed on a refiner, refinery, registered
supplier or transmix processing facility for a violation of motor fuel quality standards
or producing a product transfer document that is incorrect, incomplete or produced in any
manner tending to mislead or deceive a person.
C. The attorney general shall bring actions to recover civil penalties pursuant to
this section in the superior court in the county in which the violation occurred or in a
county where the agency has its office. All monies derived from civil penalties shall be
deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
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