Violations; penalties

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§2368. Violations; penalties

1.  Civil penalties.  The following penalties apply to violations of this subchapter or a rule adopted pursuant to this subchapter.  

A. A person who violates this subchapter or a rule adopted pursuant to this subchapter is subject to a civil penalty of not more than $1,000.   [PL 2003, c. 452, Pt. E, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

B. A person who violates this subchapter or a rule adopted pursuant to this subchapter after having previously violated this subchapter or a rule adopted pursuant to this subchapter is subject to a civil penalty of not more than $2,000.   [PL 2003, c. 452, Pt. E, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

These penalties may be recovered by the state sealer on behalf of the State in a civil action.  

[PL 2003, c. 452, Pt. E, §6 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

2.  Private action.  A person who violates this subchapter or a rule adopted pursuant to this subchapter is liable in a civil action to a person aggrieved by the violation pursuant to the remedies set forth in Title 26, section 626-A. The civil action for damages may be brought by either the aggrieved party or, at the request of the state sealer, by the Attorney General.  

[PL 2003, c. 452, Pt. E, §6 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

SECTION HISTORY

PL 1983, c. 804, §11 (NEW). PL 2003, c. 452, §E6 (RPR). PL 2003, c. 452, §X2 (AFF).


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