45-1222

45-1222. Violation; civil penalties

A. A person who is determined pursuant to section 45-1221 to be in violation of
this article or a license, rule or order issued or adopted pursuant to this article may
be assessed a civil penalty in an amount not exceeding one thousand dollars per day of
violation.

B. The director shall bring an action to recover penalties under this section in
the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of
harm to the public, whether the violation was knowing or wilful, the past conduct of the
defendant, whether the defendant should have been on notice of the violation, whether the
defendant has taken steps to cease, remove or mitigate the violation and any other
relevant information.

D. All penalties collected pursuant to this section shall be deposited in the state
general fund.