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Any person who fails to comply with any or all of the provisions of this chapter or of the regulations promulgated by the Secretary hereunder shall be charged with a misdemeanor and shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense; and for each subsequent offense shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or by imprisonment in jail for not less than thirty (30) days nor more than six (6) months, or by both penalties, in the discretion of the court.\nAfter holding the proper administrative hearing to give the affected person opportunity to be heard, the Secretary is empowered to impose administrative fines up to an amount of two hundred fifty dollars ($250) for the first time and up to five hundred dollars ($500) for any subsequent violation, when it is found that the provisions of this chapter or of the regulations promulgated hereunder have not been complied with. It shall be discretional on the Secretary to determine whether the offender shall be prosecuted administratively or judicially.\nHistory —June 10,

s promulgated hereunder have not been complied with. It shall be discretional on the Secretary to determine whether the offender shall be prosecuted administratively or judicially.\nHistory —June 10, 1953, No. 49, p. 120, § 12; Oct. 30, 1975, No. 16, p. 804, § 9.