[§198D-12]  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 or for the cost to
correct 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; and



(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 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 pursuant to this chapter shall not be
deemed to preclude the State from pursuing any criminal action against that
person. [L 2001, c 34, pt of §1]