Violation; classification; civil penalty

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49-861. Violation; classification; civil penalty

A. Beginning January 1, 1993 a person who knowingly violates this article is guilty of a class 6 felony.

B. A person who violates any provision of this article or a rule or order adopted or issued pursuant to this article is subject to a civil penalty of not more than ten thousand dollars per day for each violation. In issuing any final order in any civil action brought under this section, the court may award costs of litigation including reasonable attorney and expert witness fees to any substantially prevailing party if the court determines that an award is appropriate.

C. The attorney general, at the request of the director, shall file an action in superior court to recover civil penalties provided by this section.


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