31.10.21.08

.08 Penalties.

A. Criminal Penalty. A person who violates a provision of this chapter shall be guilty of a misdemeanor, and on conviction is subject to a penalty not exceeding $1,000. Each day a violation is continued after the first conviction is a separate offense.

B. Administrative Penalty. In addition to, or instead of, the criminal penalty described in §A of this regulation, the Commissioner may impose an administrative penalty not to exceed $5,000 for violation of any regulation of this chapter.

C. When considering whether conditions warrant the imposition of an administrative penalty, the Commissioner shall consider the following factors:

(1) The nature and seriousness of each condition of noncompliance;

(2) The number of conditions of noncompliance;

(3) The extent to which a condition of noncompliance is part of an ongoing pattern;

(4) The efforts made by, and the ability of the private review agent to correct, the condition of noncompliance in a timely manner; and

(5) Other factors as justice may require.

D. The Commissioner may impose an administrative penalty for any one of the factors in §C of this regulation.