80-7-135. Penalty for violation. (1) A firm or nursery that purposely, knowingly, or negligently violates or aids in the violation of a provision of this chapter or of the rules, orders, or quarantines of the department adopted under Title 2, chapter 4, and this chapter commits a civil offense and is subject to a civil penalty of not more than $1,000 for each violation.
     (2) Assessment of a civil penalty may be made in conjunction with another warning, order, or administrative action authorized by this chapter. A civil penalty collected under this section must be deposited in the general fund.
     (3) The department shall establish by rule:
     (a) a penalty schedule that establishes the types of penalties and the amounts, not to exceed $1,000, for initial and subsequent offenses; and
     (b) other matters necessary for the administration of civil penalties.
     (4) Sections 80-7-105, 80-7-106, 80-7-108, 80-7-109, 80-7-122, 80-7-123, and this section may not be construed as requiring the department or its agents to report violations of this chapter when the department believes that the public interest will be best served by a suitable notice of warning.

     History: En. Sec. 5, Ch. 551, L. 1993; amd. Sec. 6, Ch. 7, L. 1997.