[§329-49]  Administrative penalties. 
(a)  Any person who violates this chapter or any rule adopted by the department
pursuant to this chapter 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 and the fine shall be deposited
into the state general fund.



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



(1)  The nature and history of the violation;



(2)  Any prior violation; and



(3)  The opportunity, difficulty, and history of
corrective action.



For any
judicial proceeding to recover the administrative penalty imposed, the
administrator 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 2008, c
186, pt of §1]