(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.