§195-8  Penalty.  (a)  Any person whoviolates any of the laws and rules applicable to the reserves system, uponconviction thereof, shall be guilty of a misdemeanor and shall be fined notless than $1,000 or imprisoned not more than one year, or both, for eachoffense.

(b)  Except as otherwise provided by law, theboard or its authorized representative by proper delegation is authorized toset, charge, and collect administrative fines or bring legal action to recoveradministrative fees and costs as documented by receipts or affidavit, includingattorneys' fees and costs; or bring legal action to recover administrativefines, fees, and costs, including attorneys' fees and costs, or payment fordamages or for the cost to correct damages resulting from a violation of thischapter or any rule adopted thereunder.  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, a fine of not more than $10,000.

(c)  Any criminal action against a person forany violation of this chapter or any rule adopted thereunder shall not bedeemed to preclude the State from pursuing civil legal action to recoveradministrative fines and costs against that person.  Any civil legal actionagainst a person to recover administrative fines and costs for any violation ofthis chapter or any rule adopted thereunder shall not be deemed to preclude theState from pursuing any criminal action against that person. [L 1970, c 139, ptof §1; am L 1981, c 74, §1; am L 2001, c 93, §1]