§195-8 - Penalty.
§195-8 Penalty. (a) Any person who
violates any of the laws and rules applicable to the reserves system, upon
conviction thereof, shall be guilty of a misdemeanor and shall be fined not
less than $1,000 or imprisoned not more than one year, or both, for each
offense.
(b) Except as otherwise provided by law, the
board or its authorized representative by proper delegation is authorized to
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 or for the cost to correct damages resulting from a violation of this
chapter or any rule adopted thereunder. 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, a fine of not more than $10,000.
(c) Any criminal action against a person for
any violation of this chapter or any rule adopted thereunder shall not be
deemed to preclude the State from pursuing civil legal action to recover
administrative fines and costs 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 thereunder shall not be deemed to preclude the
State from pursuing any criminal action against that person. [L 1970, c 139, pt
of §1; am L 1981, c 74, §1; am L 2001, c 93, §1]