(a) A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
(b) (1) The Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.
(2) In setting the amount of the penalty, the Board shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the violator;
(iv) any history of previous violations by the violator; and
(v) any other relevant factors.
(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.