1. A person who violates this chapter or any rule or order issued pursuant to thischapter shall be subject to a civil penalty levied by the commission in accordance with 49 C.F.R. §190.223. Each day that the violation continues shall constitute a separate offense. Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer ofthe commission to the treasurer of state to be credited to the general fund of the state and appropriated to the department of health and human services for purposes of the low income home energy assistance program and the weatherization assistance program. 2. Any civilpenalty may be compromised by the commission. In determining the amount ofthe penalty, or the amount agreed upon in compromise, the appropriateness of the penalty tothe sizeof the business ofthe person charged, thegravity ofthe violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the state to the person charged, or may be recovered in a civil action. Acts, ch 1160, §26; 2021 Acts, ch 75, §3; 2023 Acts, ch 19, §1179; 2024 Acts, ch 1170, §369
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