[§328-103]  Administrative penalties. 
(a)  Any person who violates this part or any rule adopted by the department of
health pursuant to this part 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 part, or by rules adopted pursuant to this
part, the director of health 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 violations, and the opportunity, difficulty, and history of
corrective action.  For any judicial proceeding to recover the administrative
penalty imposed, the director of health 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 the penalty
remains unpaid. [L 1996, c 209, pt of §1]