[§198D-12]  General administrativepenalties.  (a)  Except as otherwise provided by law, the board or itsauthorized representative by proper delegation may set, charge, and collectadministrative fines or bring legal action to recover administrative fees andcosts as documented by receipts or affidavit, including attorneys' fees andcosts; or bring legal action to recover administrative fines, fees, and costs,including attorneys' fees and costs, or payment for damages or for the cost tocorrect damages resulting from a violation of this chapter or any rule adoptedpursuant 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 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.

(b)  Any criminal action against a person forany violation of this chapter or any rule adopted pursuant to this chaptershall not be deemed to preclude the State from pursuing civil legal action torecover administrative fines and costs against that person.  Any civil legalaction against a person to recover administrative fines and costs for any violationof this chapter or any rule adopted pursuant to this chapter shall not bedeemed to preclude the State from pursuing any criminal action against thatperson. [L 2001, c 34, pt of §1]