15.01.15.05

.05 Civil Penalty.

A. The Department may impose a civil penalty on any person who violates the requirements of this chapter up to $2,000 for each violation.

B. Before imposing any civil penalty under this chapter, the Department shall consider the following:

(1) The nature and gravity of each violation;

(2) The willfulness of the violation and the extent to which the existence of the violation was known to the person but uncorrected by the person; and

(3) A history of prior violations, if any.

C. The Department shall issue a written notice of violation to the person subject to this chapter upon finding that a violation has occurred or is ongoing. The written notice of violation shall include:

(1) A statement of the regulation violated by the person;

(2) A description of the evidence of a violation;

(3) A statement informing the person of the right to an informal meeting with the Department;

(4) The amount of the proposed civil penalty;

(5) A statement of the remedial action necessary to bring the person into compliance; and

(6) A reasonable amount of time, as determined by the Department, to correct a violation.

D. A person may petition the Department for a contested case hearing on the violation and penalty within 30 calendar days of the issuance of the notice of violation by the Department.

E. Unless a person requests a contested case hearing, the person shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the person continues to violate this chapter, the Department may impose additional civil penalties.