17.982 CRIMINAL AND ADMINISTRATIVE PENALTIES.
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17.982 CRIMINAL AND ADMINISTRATIVE PENALTIES.
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Subdivision 1. Criminal penalties.
A person who violates a provision of chapter 25 or 31B for which a penalty has not been prescribed is guilty of a misdemeanor.
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Subd. 2. Administrative penalties.
(a)The commissioner may, as an alternative to misdemeanor prosecution, impose an administrative penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose an administrative penalty of not more than $1,000 for each violation. For a second or succeeding violation, the commissioner may impose an administrative penalty of not more than $1,500 for each violation. Each day a violation continues is a separate violation.
(b)In determining the amount of the administrative 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 violation; 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 violations;
(2)time elapsed since the last violation; and
(3)the person's response to the most recent violation.