§2751-A. Administrative penalties
Except for any violation of subchapter 2‑A or a violation of subchapter 7‑A relating to the sale of firewood, the Commissioner of Agriculture, Conservation and Forestry, referred to in this section as "the commissioner," may assess administrative penalties, not to exceed $5,000, for each violation of this chapter for which a specific penalty has not been prescribed.
[PL 2025, c. 193, §4 (NEW).]
1.
Amount of penalty.
In determining the amount of the penalty to be assessed against a person under this section, the commissioner may consider one or more of the following:
A.
The degree of actual and potential impact on public health, safety and welfare resulting from the violation;
[PL 2025, c. 193, §4 (NEW).]
B.
The presence of mitigating or aggravating circumstances;
[PL 2025, c. 193, §4 (NEW).]
C.
Whether the person has been warned regarding a violation or found to be in violation of the same provision of law in the past;
[PL 2025, c. 193, §4 (NEW).]
D.
The economic benefit, if any, gained by the violation;
[PL 2025, c. 193, §4 (NEW).]
E.
The deterrent effect of the penalty; and
[PL 2025, c. 193, §4 (NEW).]
F.
The financial condition of the person.
[PL 2025, c. 193, §4 (NEW).]
[PL 2025, c. 193, §4 (NEW).]
2.
Separate offenses; continuing violations; maximum total value of penalties.
The commissioner may consider each violation a separate offense and, in the case of a continuing violation, the commissioner may consider each day's continuance a separate offense. The total value of penalties assessed against a person under this section may not exceed $50,000.
[PL 2025, c. 193, §4 (NEW).]
3.
Commissioner may recover costs of investigation.
In addition to the administrative penalties authorized by this section, the commissioner may recover the costs of investigation, which must be credited to a special fund and be made available to the Department of Agriculture, Conservation and Forestry to offset these costs.
[PL 2025, c. 193, §4 (NEW).]
4.
Enforcement of final administrative penalty.
The commissioner may enforce a final administrative penalty by filing a civil action in any District Court or Superior Court.
[PL 2025, c. 193, §4 (NEW).]
5.
Appeal.
Any party aggrieved by a final decision of the commissioner may appeal de novo to the Superior Court within 30 days of the final decision of the commissioner.
[PL 2025, c. 193, §4 (NEW).]
SECTION HISTORY
PL 2025, c. 193, §4 (NEW).