[§329-49]  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 and the fine shall be depositedinto the state general fund.

(b)  The director may impose by order theadministrative penalty specified in this section, in addition to any otheradministrative or judicial remedy provided by this part, or by rules adoptedpursuant to this chapter.  Factors to be considered in imposing theadministrative penalty include:

(1)  The nature and history of the violation;

(2)  Any prior violation; and

(3)  The opportunity, difficulty, and history ofcorrective action.

For anyjudicial proceeding to recover the administrative penalty imposed, theadministrator need only show that notice was given, a hearing was held or thetime granted for requesting a hearing has expired without such a request, theadministrative penalty was imposed, and the penalty remains unpaid. [L 2008, c186, pt of §1]