§ 17a-14

17A.14 PENALTIES. Subdivision 1. Criminal penalties. Any person, duly licensed or otherwise, who violates this chapter, for which violation a penalty has not been specifically set out, is guilty of a misdemeanor. Any subsequent violation is a gross misdemeanor. Subd. 2. Civil penalties. (a) The commissioner, as an alternate to misdemeanor prosecution, may impose a civil penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose a civil penalty of not more than $500 for each violation. For a second or succeeding violation, the commissioner may impose a penalty of not more than $1,000 for each violation. (b) In determining the amount of the civil penalty, the commissioner may consider: (1) the willfulness of the violation; (2) the gravity of the violation; (3) the person's history of past violations; (4) the number of violations; (5) the economic benefit from the violations; and (6) other factors identified in the commissioner's citation. (c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and: (1) similarity between

the commissioner's citation. (c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and: (1) similarity between the violations; (2) time elapsed since the last violation; and (3) the person's response to the most recent violation. History: 1974 c 347 s 14; 1981 c 54 s 3; 1991 c 288 s 6