Civil Penalties

(1) Schedule. For violation of each statute, rule, or order under the administrative charge of the department, the department may enforce a minimum penalty of $0 up to a maximum penalty of $500, in addition to any other statutorily authorized penalties. (2) Boards and commissions administratively attached to the department may assess civil penalties under their jurisdiction on the same schedule as the department: minimum $0; maximum $500. The department may provide administrative support to the boards and commissions in enforcing and collecting civil penalties assessed. (3) Civil penalty amount. (a) In determining the amount of a civil penalty, the department, board, or commission assessing the penalty may consider any factor, including but not limited to: 1. Mental culpability of the violator, e.g. negligence, recklessness, knowledge, or intent; 2. History and frequency of violations committed by the violator; 3. Risk of potential injury to persons or property arising out of the violation; 4. Magnitude of actual harm caused by the violation; and, 5. Corrective actions taken by the violator to prevent future violations. (b) The department, board, or commission may waive any portion of an assessed penalty for good cause shown.