Sec. 15.06.02.19. Civil Penalty

A. If the Department determines that a violation of this subtitle has occurred, it may impose a civil penalty of not more than $500 for each violation:

(1) Instead of, or in addition to, suspension of the license, permit, or certificate; or

(2) In addition to revocation of the license, permit, or certificate.

B. In assessing a civil penalty imposed under §A(1) of this regulation, the Department shall give consideration to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator, but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to the agriculture, environment, and natural resources of this State; and

(3) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

C. Unless a stay has been granted, a person against whom a civil penalty has been imposed under this regulation shall pay the amount of the penalty to the Department.