1. (a) The department may, without prior warning, notice, or hearing, assess a civil fine of not more than the following amounts for each violation of 18 AAC 32.210 - 18 AAC 32.295:

   1. (1) first offense: $250;
   2. (2) second offense and subsequent offenses: $500.

2. (b) For the purpose of determining whether a civil fine is assessed under this section, the department will consider aggravating or mitigating factors, including

   1. (1) the history of previous violations by the cheese producer;
   2. (2) the seriousness of the violation, including actual or potential hazard to the health and safety of the public;
   3. (3) whether the violation occurred due to negligence or intentional conduct;
   4. (4) whether the cheese producer has demonstrated good faith efforts to achieve rapid compliance after notification of a violation;
   5. (5) the cheese producer's current compliance status and the number of continuing violations;
   6. (6) the actual or potential economic gain to the cheese producer by violating a provision of 18 AAC 32.210 - 18 AAC 32.295;
   7. (7) enforcement costs incurred by the department relating to the violation; and
   8. (8) payment of civil fines previously assessed for the same or similar violation.

(Eff. 12/3/2010, Register 196)

Authority: AS 03.05.011, AS 17.20.005, AS 17.20.365, AS 03.05.090, AS 17.20.180, AS 44.46.020