[§6E-11.6]  Administrative penalties. (a)  In addition to any other administrative or judicial remedy provided bythis chapter, or by rules adopted pursuant to this chapter, the board mayimpose by order the penalties specified in section 6E-11.5.

(b)  Factors to be considered in imposing anadministrative penalty include:

(1)  The nature and history of the violation and ofany prior violations;

(2)  The economic benefit to the violator, oranticipated by the violator, resulting from the violation;

(3)  The opportunity, difficulty, and history ofcorrective action;

(4)  Good faith efforts to comply; and

(5)  Such other matters as justice may require.

(c)  It is presumed that the violator'seconomic and financial conditions allow payment of the penalty, and the burdenof proof to the contrary is on the violator.

(d)  In any judicial proceeding to recover theadministrative penalty imposed, the board need only show that:

(1)  Notice was given;

(2)  A hearing was held, or the time grantedfor requesting a hearing has run without such a request;

(3)  The administrative penalty was imposed;and

(4)  The penalty remains unpaid. [L 2003, c104, pt of §2]