Section 18.32.280. Civil fines.

	(a)   The department may, without prior warning, notice, or hearing, assess a civil fine of not more than the following amounts for each violation of 18 AAC 32.210 - 18 AAC 32.295:  
		(1) first offense: $250;  
		(2) second offense and subsequent offenses: $500.  
	(b)  For the purpose of determining whether a civil fine is assessed under this section, the department will consider aggravating or mitigating factors, including  
		(1) the history of previous violations by the cheese producer;  
		(2) the seriousness of the violation, including actual or potential hazard to the health and safety of the public;  
		(3) whether the violation occurred due to negligence or intentional conduct;  
		(4) whether the cheese producer has demonstrated good faith efforts to achieve  rapid compliance after notification of a violation;  
		(5)  the cheese producer's current compliance status and the number of continuing  violations;  
		(6) the actual or potential economic gain to the cheese producer by violating a  provision of 18 AAC 32.210 - 18 AAC 32.295;  
		(7) enforcement costs incurred by the department relating to the violation; and  
		(8) payment of civil fines previously assessed for the same or similar violation.  

Authorities

03.05.011;03.05.090;17.20.005;17.20.180;17.20.365;44.46.020

Notes

Authority

AS 03.05.011 AS 03.05.090 AS 17.20.005 AS 17.20.180 AS 17.20.365 AS 44.46.020

History

Eff. 12/3/2010, Register 196