A person who violates a provision of chapter 25 or 31B for which a penalty has not been prescribed is guilty of a misdemeanor. (a) The commissioner may, as an alternative to misdemeanor prosecution, impose an administrative penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose an administrative penalty of not more than $1,000 for each violation. For a second or succeeding violation, the commissioner may impose an administrative penalty of not more than $1,500 for each violation. Each day a violation continues is a separate violation. (b) In determining the amount of the administrative penalty the commissioner may consider: (1) the willfulness of the violation; (2) the gravity of the violation; (3) the person's history of past violations; (4) the number of violations; (5) the economic benefit from the violation; and (6) other factors identified in the commissioner's citation. (c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and: (1) similarity between the violations; (2) time elapsed since the last violation; and (3) the person's response to the most recent violation.
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