§342D-31  Administrative penalties. (a)  In addition to any other administrative or judicial remedy provided bythis chapter, or by rules adopted under this chapter, the director isauthorized to impose by order the penalties specified in section 342D-30.

(b)  Factors to be considered in imposing anadministrative penalty include:

(1)  The nature, circumstances, extent, gravity, andhistory of the violation and of any prior violations;

(2)  The economic benefit to the violator, oranticipated by the violator, resulting from the violation;

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

(4)  Good faith efforts to comply;

(5)  Degree of culpability; and

(6)  Such other matters as justice may require.

(c)  It is presumed that the violator’seconomic and financial conditions allow payment of the penalty, and the burdenof proof to the contrary is on the violator. [L 1989, c 212, pt of §2; am L1994, c 269, §2; am L 1995, c 180, §13; am L 1999, c 193, §9]