Violation; civil penalties

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36-126. Violation; civil penalties

A. A person who violates this article or a rule adopted under this article is subject to a civil penalty of not to exceed three hundred dollars for each violation. Each day that a violation continues constitutes a separate violation. The director shall issue a notice of the violation and the penalty pursuant to title 41, chapter 6, article 10. A person may appeal the penalty by filing a written request for a hearing within thirty days after receiving the notice. The department shall conduct this hearing pursuant to title 41, chapter 6, article 10. The director shall not enforce the penalty until the hearing is concluded.

B. The attorney general shall enforce penalties imposed under this section in the justice court or the superior court in the county in which the violation occurred.

C. Penalties imposed under this section are in addition to other penalties imposed under this chapter. Penalties collected pursuant to this section shall be deposited in the state general fund.


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