1. (a) Except for a violation of § 16-703.2 of this subtitle, a person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

2. (b)

   1. (1) The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

   2. (2) In setting the amount of the penalty, the Commission shall consider:

      1. (i) the seriousness of the violation;
      2. (ii) the harm caused by the violation;
      3. (iii) the good faith of the violator;
      4. (iv) any history of previous violations by the violator; and
      5. (v) any other relevant factors.
   3. (3) The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

Added by Acts 1990, c. 594. Renumbered from Business Occupations and Professions § 15.5-706 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 187, § 1, eff. Oct. 1, 2001; Acts 2001, c. 470, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2019, c. 746, § 1, eff. Oct. 1, 2019.