Civil penalty.

§ 66-58.7. Civil penalty. The Secretary may assess a civil penalty of not more than five thousand dollars ($5,000) per violation against any certification authority that violates a provision of this Article or any rule promulgated thereunder. In determining the amount of a penalty under this section, the Secretary shall give due consideration to each of the following factors: (1) The organizational size of the certification authority cited; (2) The good faith of the certification authority cited; (3) The gravity of the violation; (4) The prior record of the violator in complying or failing to comply with this Article or a rule adopted pursuant to this Article; and (5) The risk of harm caused by the violation. Chapter 150B of the General Statutes governs the imposition of a civil penalty under this section. A civil penalty owed under this section may be recovered in a civil action brought by the Secretary or the Attorney General.