[§184-5.5]  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 to recover administrative fees and costs as documented by
receipts or affidavits, including attorney's fees and costs; or bring legal
action to recover administrative fines, fees, and costs, including attorney's
fees and costs; or payment for damages or for the cost to correct damages
resulting from a violation of this chapter, any rule adopted, or permit issued
thereunder.



(b)  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; and



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



(c)  In addition, a fine of up to $5,000 may be
levied for each:



(1)  Archaeological or historical feature
appropriated, damaged, removed, excavated, disfigured, defaced, or destroyed;



(2)  Geological feature destroyed, disturbed,
mutilated, dug, removed, excavated, quarried, blasted, or exploded;



(3)  Public property destroyed, defaced, removed,
damaged, or possessed;



(4)  Wildlife molested, disturbed, injured, trapped,
taken, caught, possessed, poisoned, introduced, or killed; or



(5)  Habitat disturbed,



in violation of this chapter or any rule adopted
thereunder.



(d)  Any criminal penalty for any violation of
this chapter or any rule adopted thereunder shall not be deemed to preclude the
State from recovering additional administrative fines, fees, and costs,
including attorney's fees and costs. [L 2002, c 24, §1]