Administrative hearing before assessment of a civil penalty; amount of penalty.

(A) Subject to appropriate judicial review, upon a violation of this chapter, the Commissioner of Agriculture or his designee may conduct an administrative hearing and, upon notice and an opportunity to be heard, may assess a civil penalty of not less than: (1) one hundred nor more than two hundred dollars for a first offense; (2) two hundred fifty nor more than five hundred dollars for a second offense within two years from the date of the first offense; (3) one thousand nor more than five thousand dollars for a third offense within two years from the date of the first offense. (B) A civil penalty collected under this chapter must be transmitted to the State Treasurer for deposit in a fund to be used by the Department of Agriculture.