[§321-20]  Remedies.  Notwithstandingother penalties, the director may enforce this chapter in either administrativeor judicial proceedings:

(1)  Administrative.  If the director determines thatany person is violating any provision of this chapter, any rule adoptedthereunder, or any variance or exemption or waiver issued pursuant thereto, thedirector may have that person served with a notice of violation and an order. The notice shall specify the alleged violation.  The order may require that thealleged violator do any or all of the following:  cease and desist from theviolation, pay an administrative penalty not to exceed $1,000 for each day ofviolation, correct the violation at the alleged violator's own expense, orappear before the director at a time and place specified in the order andanswer the charges complained of.  The order shall become final twenty daysafter service unless within those twenty days the alleged violator requests inwriting a hearing before the director.  Upon such request the director shallspecify a time and place for the alleged violator to appear.  When the directorissues an order for immediate action to protect the public health from animminent and substantial danger, the department shall provide an opportunityfor a hearing within twenty-four hours after service of the order.  After ahearing pursuant to this subsection, the director may affirm, modify, orrescind the order as appropriate.  The director may institute a civil action inany court of appropriate jurisdiction for the enforcement of any order issuedpursuant to this subsection.

Factors to be considered in imposing theadministrative penalty include the nature and history of the violation and anyprior violation and the opportunity, difficulty, and history of correctiveaction.  It is presumed that the violator's economic and financial conditionsallow payment of the penalty and the burden of proof to the contrary is on theviolator.  In any judicial proceeding to enforce the administrative penaltyimposed pursuant to this chapter, the director need only show that notice wasgiven, a hearing was held or the time granted for requesting a hearing hadexpired without such a request, the administrative penalty imposed, and thatthe penalty imposed remains unsatisfied.

This section does not supersede specificadministrative penalties provided elsewhere.

(2)  Judicial.  The director may institute a civilaction in any court of appropriate jurisdiction for injunctive relief toprevent violation of any order issued or rule adopted pursuant to this chapter,in addition to any other remedy or penalty provided for under this chapter. [L1985, c 84, §1]