[§184-5.5]  General administrativepenalties.  (a)  Except as otherwise provided by law, the board or itsauthorized representative by proper delegation may set, charge, and collectadministrative fines to recover administrative fees and costs as documented byreceipts or affidavits, including attorney's fees and costs; or bring legalaction to recover administrative fines, fees, and costs, including attorney'sfees and costs; or payment for damages or for the cost to correct damagesresulting from a violation of this chapter, any rule adopted, or permit issuedthereunder.

(b)  The administrative fines shall be asfollows:

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

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

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

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

(1)  Archaeological or historical featureappropriated, 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 adoptedthereunder.

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