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

(b)  In addition to any other administrative orjudicial remedy provided by this chapter, or by rules adopted pursuant to thischapter, the director may impose by order the administrative penalty specifiedin this section.  Factors to be considered in imposing the administrativepenalty include the nature and history of the violation and of any priorviolation, and the opportunity, difficulty, and history of corrective action. For any judicial proceeding to recover the administrative penalty imposed, thedirector need only show that notice was given, a hearing was held or the timegranted for requesting a hearing has expired without such a request, theadministrative penalty was imposed, and that the penalty remains unpaid. [L1988, c 304, pt of §1]