(b) A person continuing to perform, or an employer continuing to authorize a person not exempt by the provisions of §21-16-3 of this code, to perform, heating, ventilating, and cooling work after the issuance of a cease and desist order is subject to the following penalties:

1. (1) For the first offense, a fine of not less than $200 nor more than $1,000;
2. (2) For the second offense, a fine of not less than $500 nor more than $2,000;
3. (3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.

(d)

1. (1) The Commissioner of Labor may institute proceedings in the circuit court of Kanawha County or of the county where the alleged violation of the provisions of this article occurred or are occurring to enjoin any violation of any provision of this article.
2. (2) A circuit court may by injunction compel compliance with this article, with the lawful orders of the Commissioner of Labor, and with any final decision of the Commissioner of Labor.
3. (3) The Commissioner of Labor shall be represented in all such proceedings by the Attorney General or his or her assistants.