Sec. B-1. 24-A MRSA §12-A, sub-§1, as repealed and replaced by PL 1997, c. 634, Pt. B, §1, is amended to read:
1. Civil penalty. Civil penalties may be assessed against any person who:
A. Violates any provision of this Title, Title 24 or any other law enforced by the superintendent;
B. Violates any rule lawfully adopted by the superintendent; or
C. Violates any lawful order of the superintendent that has not been stayed by order of the superintendent or the Superior Court.
The Superior Court, upon an action brought by the Attorney General, may assess a civil penalty of not less than $500 and not more than $5,000 for each violation in the case of an individual and not less than $2,000 and not more than $15,000 for each violation in the case of a corporation or other entity other than an individual, unless the applicable law specifies a different civil penalty.
The superintendent, following an adjudicatory hearing, may assess a civil penalty of up to $500 for each violation in the case of an individual and a civil penalty of up to $2,000 $10,000 for each violation in the case of a corporation or other entity other than an individual, unless the applicable law specifies a different civil penalty. The superintendent may assess a civil penalty only if the Attorney General elected not to pursue an action in Superior Court to seek civil penalties. The Attorney General shall notify the superintendent in writing whether or not the Attorney General elects to pursue an action in Superior Court within 90 days after receiving a request from the superintendent for such an action.
Effective September 21, 2001, unless otherwise indicated.
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