[§171-6.4]  General administrative
penalties.  (a)  Except as otherwise provided by law, the board or its
authorized representative by proper delegation may set, charge, and collect
administrative fines or bring legal action to recover administrative fees and
costs as documented by receipts or affidavit, including attorneys' fees and
costs; or bring legal action to recover administrative fines, fees, and costs,
including attorneys' fees and costs, or payment for damages resulting from a
violation of this chapter or any rule adopted pursuant to this chapter.  The
administrative fines shall be as follows:



(1)  For a first violation, a fine of not more than
$2,500;



(2)  For a second violation within five years of a
previous violation, a fine of not more than $5,000;



(3)  For a third or subsequent violation within five
years of the last violation, a fine of not more than $10,000.



(b)  Any criminal action against a person for
any violation of this chapter or any rule adopted pursuant to this chapter
shall not be deemed to preclude the State from pursuing civil legal action
against that person.  Any civil legal action against a person to recover
administrative fines and costs for any violation of this chapter or any rule
adopted pursuant to this chapter shall not be deemed to preclude the State from
pursuing any criminal action against that person.  Each day of each violation
shall constitute a separate offense. [L 2004, c 142, §4]