[§328-117]  Administrative penalties.  (a)  Any person who violates this part or any rule adopted by the department pursuant to this part shall be fined not more than $10,000 for each separate offense.  Any action taken to collect the penalty provided for in this subsection shall be considered a civil action.

     (b)  In addition to any other administrative or judicial remedy provided by this part, or by rules adopted pursuant to this part, the director may impose by order the administrative penalty specified in this section.  Factors to be considered in imposing the administrative penalty include the nature and history of the violation and of any prior violation, and the opportunity, difficulty, and history of corrective action.  For any judicial proceeding to recover the administrative penalty imposed, the director need only show that notice was given, a hearing was held, or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and the penalty remains unpaid. [L 1992, c 196, pt of §2]