1. (A) Subject to appropriate judicial review, upon a violation of this chapter, the Commissioner of Agriculture or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than:

   1. (1) one hundred nor more than two hundred dollars for a first offense;
   2. (2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense;
   3. (3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense.
2. (B) A civil penalty collected under this chapter must be transmitted to the State Treasurer for deposit in a fund to be used by the Department of Agriculture.

HISTORY: 1994 Act No. 501, SECTION 1, eff August 25, 1994.