§ 35-9-130 — Penalties; civil penalties; other remedies

Wyoming § 35-9-130

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 9: FIRE PROTECTION
• Art. 1: DEPARTMENT OF FIRE PREVENTION

Text

(a) A person who violates W.S. 35-9-101 through 35-9-130
commits a misdemeanor punishable as follows:
(i) An individual, including an officer or agent of a
corporation or association who participates in or is an
accessory to the violation may be punished by a fine of not more
than five hundred dollars ($500.00), imprisonment for not more
than six (6) months, revocation of his license, or fine,
imprisonment and revocation; and
(ii) A corporation may be punished by a fine of not
more than one thousand dollars ($1,000.00), revocation of its
license or both.
(b) Violators of W.S. 35-9-101 through 35-9-130 may be
enjoined from continuing the violation by proceedings brought by
the district or county and prosecuting attorney or by the
attorney general. The department shall make recommendations to
the appropriate district attorney, county and prosecuting
attorney or attorney general regarding proceedings under this
subsection.
(c) A person who violates W.S. 35-9-123 shall pay a civil
penalty in an amount the department determines of not more than
five hundred dollars ($500.00) for a first offense, or one
thousand dollars ($1,000.00) for any subsequent offense within
any three (3) month period. The penalty shall be collected from
the violator and credited as provided by W.S. 8-1-109.
Notwithstanding subsection (d) of this section, no penalty under
this subsection shall be enforceable for sixty (60) days after
delivery of the notice of violation or if the violation has been
cured or appealed pursuant to subsection (d) of this section
within sixty (60) days after issuance of the notice of
violation.
(d) Before the department imposes a civil penalty, the
department shall notify the person accused of a violation, in
writing, stating specifically the nature of the alleged
violation. Upon receipt of a notice of violation the person
receiving it shall pay the assessed fine to the department
within sixty (60) days or file an appeal to the electrical
board. The department shall determine the amount of the civil
penalty to be imposed in accordance with the limitations
expressed in subsection (c) of this section. Each violation is
a separate offense. If an appeal is submitted to the electrical
board, the board shall hear the appeal at its next regularly
scheduled meeting. At the appeal hearing, the electrical board
may uphold the proposed fine, rule that the alleged violation is
not substantiated, or reduce the amount of the proposed fine.
(e) A civil penalty may be recovered in an action brought
thereon in the name of the state of Wyoming in any court of
appropriate jurisdiction. Failure to pay the fine imposed by
the department and upheld by the electrical board shall result
in suspension of the electrical license until such time as the
fine is paid in full.
(f) The provisions of subsections (c) through (e) of this
section are in addition to and not instead of any other
enforcement provisions contained in this article, except that no
criminal penalty shall be applicable if a civil penalty has been
imposed under this section for the same violation.