[§328D-9]  Administrative penalties. 
(a)  Any person who violates this chapter or any rule adopted by the department
pursuant to this chapter shall be fined not more than $10,000 for each separate
offense.  Any action taken to collect the penalty provided for in this
subsection shall be considered a civil action.



(b)  In addition to any other administrative or
judicial remedy provided by this chapter, or by rules adopted pursuant to this
chapter, the director may impose by order the administrative penalty specified
in this section.  Factors to be considered in imposing the administrative
penalty include the nature and history of the violation and of any prior
violation, and the opportunity, difficulty, and history of corrective action. 
For any judicial proceeding to recover the administrative penalty imposed, the
director need only show that notice was given, a hearing was held or the time
granted for requesting a hearing has expired without such a request, the
administrative penalty was imposed, and that the penalty remains unpaid. [L
1988, c 304, pt of §1]