§342J-10  Administrative penalties. (a)  In addition to any other administrative or judicial remedy provided bythis chapter or by rules adopted under this chapter, the director is authorizedto impose by order the penalties specified in section 342J-9(a) and (b).

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

(1)  The nature and history of the violation and ofany prior violations;

(2)  The economic benefit, if any, resulting from theviolation;

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

(4)  Good faith efforts to comply; and

(5)  Any other matters that 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 shall be on the violator. [L 1989, c 212, pt of §5; amL 1995, c 180, §27]