§342P-21  Administrative penalties. (a)  In addition to any other administrative or judicial remedy provided bythis chapter or rules adopted under this chapter, the director may impose byorder the penalties specified in section 342P-20.

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

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

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

(3)  The opportunity, difficulty, and history of correctiveaction;

(4)  Good faith efforts to comply; and

(5)  Any other matters that justice may require.

(c)  It shall be presumed that the violator’seconomic and financial conditions allow payment of the penalty; the burden ofproof to the contrary shall be on the violator.

(d)  In any judicial proceeding to collect theadministrative penalty imposed, the director need only show that:

(1)  Notice was given;

(2)  A hearing was held or the time granted forrequesting a hearing expired without a request for a hearing;

(3)  The administrative penalty was imposed; and

(4)  The penalty remains unpaid. [L 1991, c 219, pt of§1; am L 1995, c 180, §40]