(1) (a) Any person who violates any provision of this article 61 or any rule adopted pursuant to this article 61 is subject to a civil penalty, as determined by the commissioner. (b) Before imposing any civil penalty, the commissioner shall consider the severity of the violation, the amount of harm caused by such a violation, the presence or absence of a pattern of similar violations by the registrant, the effect of the proposed penalty on the ability of the registrant to continue to conduct business, and any other factors deemed to be relevant. (c) The maximum penalty imposed by the commissioner must not exceed two thousand dollars per violation per day. (2) The commissioner shall not impose any penalty unless the person charged is given notice and an opportunity for a hearing pursuant to article 4 of title 24. (3) The department shall transmit any civil penalties or fines collected pursuant to this article 61 to the state treasurer, who shall credit them to the industrial hemp registration program cash fund created pursuant to section 35-61-106.
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