1. (a) In addition to any other administrative or judicial remedy provided by this chapter or rules adopted under this chapter, the director may impose by order the penalties specified in section 342P-20.

2. (b) Factors to be considered in imposing an administrative penalty shall include:

   1. (1) The nature and history of the violation and any prior violations;
   2. (2) The economic benefit, if any, resulting from the violation;
   3. (3) The opportunity, difficulty, and history of corrective action;
   4. (4) Good faith efforts to comply; and
   5. (5) Any other matters that justice may require.
3. (c) It shall be presumed that the violator's economic and financial conditions allow payment of the penalty; the burden of proof to the contrary shall be on the violator.

4. (d) In any judicial proceeding to collect the administrative penalty imposed, the director need only show that:

   1. (1) Notice was given;
   2. (2) A hearing was held or the time granted for requesting a hearing expired without a request for a hearing;
   3. (3) The administrative penalty was imposed; and
   4. (4) The penalty remains unpaid.

[L 1991, c 219, pt of §1; am L 1995, c 180, §40]