[§328-117]  Administrative penalties. 
(a)  Any person who violates this part or any rule adopted by the department
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 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 the penalty remains unpaid. [L 1992, c 196, pt of §2]