(a) A person who violates any provision of this subchapter or any order or rule issued pursuant thereto shall be fined not more than $10,000.00. The state's attorney of the county in which such violation occurs shall prosecute the violation and may commence a proceeding in the superior court to compel compliance with such order or rule, and such court may make orders and decrees therein by way of writ of injunction or otherwise.

(b) A person who fails to comply with a lawful order issued under authority of this subchapter in case of sudden emergency shall be fined not more than $20,000.00. A person who fails to comply with an order requiring notice shall be fined $200.00 for each day's neglect commencing with the effective date of such order or the date such order is finally determined if an appeal has been filed.

(c) The commissioner may, after notice and opportunity for hearing, assess an administrative penalty of not more than $1,000.00 for each violation of this subchapter or any rule adopted under this subchapter. Penalties assessed pursuant to this subsection shall be based on the severity of the violation. An election by the commissioner to proceed under this subsection shall not limit or restrict the commissioner's authority under subsection (a) of this section.

(d) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury which is the result of the violation. (Added 2003, No. 141 (Adj. Sess.), § 3, eff. April 1, 2005.)