(1) (a) A farm that violates this article 77 or a rule adopted under this article 77 is subject to an administrative penalty, as determined by the commissioner. (b) To impose an administrative penalty, the commissioner must consider the severity of the violation, the amount of harm caused by the violation, the presence or absence of a pattern of similar violations by the farm, and the effect of the proposed penalty on the ability of the farm to continue to conduct business. (c) The commissioner shall not impose an administrative penalty that exceeds two thousand five hundred dollars per violation. (2) To impose an administrative penalty, the commissioner must give the alleged violator notice and an opportunity for a hearing in accordance with article 4 of title 24. (3) If a farm fails to pay any portion of an administrative penalty imposed in accordance with this section, the commissioner may bring suit to recover the penalty. In any action brought under this section, the commissioner may, if successful, recover costs and reasonable attorney fees.
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