§ 30:544 — Violation; penalties, civil and criminal

§544. Violation; penalties, civil and criminal
A.(1) Any person who shall be determined by the secretary, after notice and an
opportunity for a hearing, to have violated any provision of this Chapter or any rule,
regulation, or order promulgated or issued under this Chapter shall be liable to the
department for a civil penalty not to exceed two hundred thousand dollars for each violation
for each day that the violation persists, except that the maximum civil penalty shall not
exceed two million dollars for any related series of violations.
(2) The amount of the penalty shall be assessed by the secretary by written notice.
(3) In determining the amount of the penalty, the secretary shall consider the nature,
circumstances, and gravity of the violation and, with respect to the person found to have
committed the violation, the degree of culpability, any history of prior violations, the effect
on ability to continue to do business, any good faith in attempting to achieve compliance,
ability to pay the penalty, and such other matters as justice may require.
B. The legal counsel employed or retained by the secretary may recover the assessed
civil penalty by bringing action against the person so assessed in the court having
jurisdiction. The secretary may compromise the civil penalty.
C. Any person who willfully and knowingly violates this Chapter or any rule,
regulation, or order issued under this Chapter shall be deemed guilty of a misdemeanor, and,
upon conviction, shall be subject for each offense to a fine of not more than twenty-five
thousand dollars or imprisoned for not more than one year, or both, for each violation.

Legislative History

Acts 1990, No. 599, §1, eff. July 19, 1990; Acts 2018, No. 57, §1; Acts 2025, No. 458, §1, eff. Oct. 1, 2025.