§342H-10 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 is authorized to impose by order the penalties specified in section 342H-9(a) and (b).
(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 is 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 §4; am L 1995, c 180, §22]
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