§342P-21 Administrative penalties. (a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20.
(b) Factors to be considered in imposing an administrative penalty shall include:
(1) The nature and history of the violation and 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; the burden of proof to the contrary shall be on the violator.
(d) In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting 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]
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