(1) A person who violates this article 36 or any rule enacted pursuant to this article 36 is subject to a civil penalty as determined by the commissioner. The maximum penalty is one thousand dollars per violation per day. (2) A civil penalty shall not be imposed unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24. (3) If the commissioner is unable to collect a civil penalty or if any person fails to pay all or any portion of a civil penalty, the commissioner may recover the amount, plus costs and attorney fees, by action in any court of competent jurisdiction. (4) Under circumstances where the commissioner did not have probable cause to impose a civil penalty, the person charged may recover the person's costs and attorney fees from the department. (5) The commissioner shall transmit all money collected from civil penalties pursuant to this section to the state treasurer, who shall credit it to the inspection and consumer services cash fund created in section 35-1-106.5. (6) Before imposing a civil penalty, the commissioner may consider the effect of the penalty on the ability of the person charged to stay in business.
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