The department may assess the following fines for violations described in § 44:90:12:10:

1. (1) Category 1 violation:

   1. (a) First offense, five thousand dollars;
   2. (b) Second offense, seven thousand dollars; and
   3. (c) Third or subsequent offense, ten thousand dollars;

2. (2) Category 2 violation:

   1. (a) First offense, three thousand dollars;
   2. (b) Second offense, four thousand dollars; and
   3. (c) Third or subsequent offense, five thousand dollars;

3. (3) Category 3 violation:

   1. (a) First offense, one thousand five hundred dollars; and
   2. (b) Second or subsequent offense, two thousand five hundred dollars;
4. (4) Category 4 violation, one thousand dollars; and

5. (5) Category 5 violation, five hundred dollars.

   The department may not use a violation that occurred more than five years before the date of the new violation when determining if the new violation is a second, third, or subsequent offense.

Source: 52 SDR 10, effective August 4, 2025 .

General Authority: SDCL 34-20G-72 (6).

Law Implemented: SDCL 34-20G-72 (6)(a), 34-20G-80 .