[§6K-8.5]  General administrative penalties. (a)  Except as otherwise provided by law, the commission is authorized to set,charge, and collect administrative fines, or bring legal action to recoveradministrative costs of the commission or the department, or payment fordamages, or for the cost to correct damages resulting from a violation ofchapter 6K or any rule adopted thereunder.  The administrative fines shall beas follows:

(1)  For a first violation, by a fine of not more than$10,000;

(2)  For a second violation within five years of aprevious violation, by a fine of not more than $15,000; and

(3)  For a third or subsequent violation within fiveyears of the last violation, by a fine of not more than $25,000.

(b)  In addition, an administrative fine of upto $5,000 may be levied for each specimen of natural resource or any historicproperty taken, killed, injured, broken, or damaged in violation of any ruleadopted under this chapter.  For purposes of this section, "naturalresource" includes any archaeological artifacts, minerals, any aquaticlife or wildlife or parts thereof, including their eggs, and any land plants orparts thereof, including seeds.  Also for purposes of this section,"historic property" means any building, structure, object, districts,area, or site, including heiau and underwater site, which is over fifty yearsold.

(c)  Any criminal penalty for any violation ofthis chapter or any rule adopted under this chapter shall not be deemed topreclude the commission from bringing a civil legal action to recoveradditional administrative fines and costs.  Any civil legal action against aperson to recover administrative fines and costs for any violation of thischapter or any rule adopted under this chapter shall not be deemed to precludethe State from pursuing any criminal action against that person.

(d)  In any judicial proceeding to recover anadministrative penalty imposed, the commission need only show that notice wasgiven, that a hearing was held or the time granted for requesting a hearing hasrun without such a request, that an administrative penalty was imposed, andthat the administrative penalty remains unpaid. [L 1997, c 66, §1]