(1) The attorney general may bring a civil action on behalf of the state to seek the imposition of a civil penalty for any violation of this article. The court, upon finding a violation of this article, shall impose a civil penalty to be paid to the general fund of the state in an amount not to exceed two hundred fifty thousand dollars for each such violation; except that the election by the attorney general to seek a civil penalty shall preclude the attorney general from filing criminal charges against the person assessed a civil penalty based upon the same conduct or from pursuing an action against such person for damages pursuant to section 64-111 (2) and (3).
(2) In determining the amount of a civil penalty, the court shall consider, among other things: The nature and extent of the violation; the number of consumers affected by the violation; whether the violation was an isolated incident or a continuous pattern and practice of behavior; whether the violation was the result of willful conduct; whether the defendant took affirmative steps to conceal such violations; and whether, given the size and wealth of the defendant, the civil penalty will be an effective deterrent against future violations.
Source: L. 92: Entire article R&RE, p. 242, § 1, effective July 1. L. 93: (1) amended, p. 1574, § 5, effective July 1. L. 2009: (1) amended, (SB 09-054), ch. 138, p. 597, § 2, effective August 5.
Editor's note: This section is similar to former § 6-4-107, as it existed prior to 1992.