32-8-602. Civil penalties. (1) Except for the penalties for wrongful disclosure provided for in 32-8-521, a person who violates a provision of parts 1 through 5 of this chapter, a rule adopted under parts 1 through 5 of this chapter, the terms and conditions of a charter or an order of the department or the board is subject to a civil penalty not to exceed $10,000 for each day of violation. Each day of violation of parts 1 through 5 of this chapter, a rule adopted under parts 1 through 5 of this chapter, the terms or conditions of a charter, or an order constitutes a separate violation.
     (2) The department may institute and maintain in the name of the state any enforcement proceedings under this section. Upon request of the department, the attorney general or the county attorney of the county where the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
     (3) Action under this section does not bar:
     (a) enforcement of parts 1 through 5 of this chapter, rules adopted under parts 1 through 5 of this chapter, orders of the department or the board, or terms or conditions of a charter by injunction or other appropriate remedy; or
     (b) action under 32-8-603.

     History: En. Sec. 66, Ch. 382, L. 1997.