(a) The commission may assess a civil penalty against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed one hundred thousand dollars ($100,000) per day for each day the violation is outstanding, plus the state’s costs and expenses for the investigation and prosecution of the matter, including reasonable attorney fees. All assessments collected under this section shall be deposited in the State General Fund. (b) The commission may assess an administrative charge for the actual cost of any investigation resulting from any violation of this chapter, a violation of any rule or order issued under this chapter, or the cost of any examination made by the commission pursuant to this chapter, to the person or persons subject to the investigation or examination. All charges assessed for costs shall be deposited in the Alabama Securities Commission Fund in the State Treasury to be drawn upon by the commission for its use in the administration of this chapter. (c) For the purposes of determining the amount or extent of an administrative assessment, if any, to be imposed under this section, the commission shall consider among other factors, the frequency, persistence, and willfulness of the conduct constituting a violation of any provision of this chapter or any rule or order issued under this chapter, and the number of persons adversely affected by the conduct. (d) The administrative assessment under this section is in addition to any other penalty, remedy, or sanction that may be imposed under this chapter.
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