Penalties and remedies

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  • (a) A civil penalty not to exceed $5,000 may be imposed on any person who wilfully violates section 1308(a) of this chapter.

  • (b) A civil penalty not to exceed $5,000 for each day in which a violation of section 1308(b) occurs may be imposed on any person who wilfully violates 1308(b) of this chapter.

  • (c) All civil penalties permitted under subsections (a) and (b) of this section shall be assessed by the appropriate court; provided, however, that at such time, if any, that the Commissioner may promulgate rules and regulations establishing a procedure for the administrative assessment of civil penalties, he shall have the alternative of proceeding by means of court assessment or such administrative procedure. The Commissioner is hereby authorized to promulgate all rules and regulations which he deems necessary to implement the alternatives allowed by this section.

  • (d) Any person who wilfully violates or fails or refuses to comply with any order issued by the Commissioner under section 1305 may, in an action brought in the appropriate court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or failure to comply continues.

  • (e) The Commissioner may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order or regulation issued pursuant to this chapter, in addition to any other remedies provided for under this section.


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