80-6-303. Penalty. (1) (a) Except as provided in subsection (2), a person violating or aiding in the violation of parts 1 through 3 of this chapter or rules adopted under parts 1 through 3 is subject to an administrative civil penalty of not more than $1,000 for each offense. Assessment of a penalty under this subsection (1) may be made in conjunction with any other warning, order, or administrative action that is issued by the department under this part. The proceeds of an administrative civil penalty must be deposited in the state special revenue account provided for in 80-6-315.
     (b) A person who is assessed a penalty for violating parts 1 through 3 of this chapter is also subject to payment of costs incurred by the department for inspections or investigations related to the violation.
     (2) (a) A person violating or aiding in the violation of the provisions of 80-6-202 is subject to an administrative civil penalty of not more than $10,000 for each offense. Assessment of a penalty under this subsection (2)(a) may be made in conjunction with any other warning, order, or administrative action that is issued by the department under this part. The proceeds of an administrative civil penalty must be deposited in the state special revenue account provided for in 80-6-315.
     (b) A person who is assessed a penalty for violating 80-6-315 is also subject to payment of costs incurred by the department for inspections or investigations related to the violation.
     (3) The department shall establish by rule a penalty matrix that schedules the types of penalties, the amounts of penalties for initial and subsequent offenses, and any other matters necessary for the administration of civil penalties under subsection (1). The issuance of a civil penalty is subject to the contested case procedures of Title 2, chapter 4, part 6.
     (4) This part may not be construed as requiring the department or its representatives to report violations of this part when it is believed that the public interest will be best served by a suitable notice of warning.

     History: En. Sec. 8, Ch. 79, L. 1947; Sec. 82-812, R.C.M. 1947; amd. and redes. 3-3110 by Sec. 137, Ch. 218, L. 1974; R.C.M. 1947, 3-3110; amd. Sec. 3, Ch. 491, L. 1993; amd. Sec. 5, Ch. 11, L. 2003; amd. Sec. 13, Ch. 468, L. 2009.