[§328-117]  Administrative penalties. (a)  Any person who violates this part or any rule adopted by the departmentpursuant to this part 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 part, or by rules adopted pursuant to thispart, the director may impose by order the administrative penalty specified inthis section.  Factors to be considered in imposing the administrative penaltyinclude the nature and history of the violation and of any prior violation, andthe opportunity, difficulty, and history of corrective action.  For anyjudicial proceeding to recover the administrative penalty imposed, the directorneed only show that notice was given, a hearing was held, or the time grantedfor requesting a hearing has expired without such a request, the administrativepenalty was imposed, and the penalty remains unpaid. [L 1992, c 196, pt of §2]