[§328-103]  Administrative penalties. (a)  Any person who violates this part or any rule adopted by the department ofhealth pursuant to this part shall be fined not more than $10,000 for eachseparate offense.  Any action taken to collect the penalty  provided for inthis subsection shall be considered a civil action.

(b)  In addition to any other administrative orjudicial remedy provided by this part, or by rules adopted pursuant to thispart, the director of health may impose by order the administrative penaltyspecified in this section.  Factors to be considered in imposing theadministrative penalty include the nature and history of the violation and ofany prior violations, and the opportunity, difficulty, and history ofcorrective action.  For any judicial proceeding to recover the administrativepenalty imposed, the director of health need only show that notice was given, ahearing was held or the time granted for requesting a hearing has expiredwithout such a request, the administrative penalty was imposed, and the penaltyremains unpaid. [L 1996, c 209, pt of §1]