[§184-5.5]  General administrative penalties.  (a)  Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines to recover administrative fees and costs as documented by receipts or affidavits, including attorney's fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorney's fees and costs; or payment for damages or for the cost to correct damages resulting from a violation of this chapter, any rule adopted, or permit issued thereunder.

     (b)  The administrative fines shall be as follows:

     (1)  For a first violation, a fine of not more than $2,500;

     (2)  For a second violation within five years of a previous violation, a fine of not more than $5,000; and

     (3)  For a third or subsequent violation within five years of the last violation, by a fine of not more than $10,000.

     (c)  In addition, a fine of up to $5,000 may be levied for each:

     (1)  Archaeological or historical feature appropriated, damaged, removed, excavated, disfigured, defaced, or destroyed;

     (2)  Geological feature destroyed, disturbed, mutilated, dug, removed, excavated, quarried, blasted, or exploded;

     (3)  Public property destroyed, defaced, removed, damaged, or possessed;

     (4)  Wildlife molested, disturbed, injured, trapped, taken, caught, possessed, poisoned, introduced, or killed; or

     (5)  Habitat disturbed,

in violation of this chapter or any rule adopted thereunder.

     (d)  Any criminal penalty for any violation of this chapter or any rule adopted thereunder shall not be deemed to preclude the State from recovering additional administrative fines, fees, and costs, including attorney's fees and costs. [L 2002, c 24, §1]