§342L-11  Administrative penalties. 
(a)  In addition to any other administrative or judicial remedy provided by
this chapter or by rules adopted under this chapter, the director may impose by
order the penalties specified in section 342L-10.



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



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



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



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



(4)  Good faith efforts to comply; and



(5)  Any other matters that justice may require.



(c)  It shall be presumed that the violator’s
economic and financial conditions allow payment of the penalty, and the burden
of proof to the contrary shall be on the violator. [L 1989, c 212, pt of §6; am
L 1992, c 259, §13; am L 1995, c 180, §32]