Civil Penalties

(1) The Commission may, in a lawful proceeding against any person required to be licensed by the Commission, in addition to or in lieu of any other lawful disciplinary action, assess a civil penalty for each separate violation of a statute, rule, or order pertaining to the Commission in the amount of $0–$1,000.00. (2) With respect to any person required to be licensed by the Commission as a real estate broker who is not licensed, the Commission may assess a civil penalty against such person for each separate violation of a statute in the amount of $0–$1,000.00. (3) Each day of a continued violation may constitute a separate violation. (4) In determining the amount of a civil penalty, the Commission may consider such factors as the following: (a) Whether the amount imposed will be a substantial economic deterrent to the violation; (b) The circumstances leading to the violation; (c) The severity of the violation and the risk of harm to the public; (d) The economic benefits gained by the violator as a result of non-compliance; and (e) The interest of the public. RULES OF CONDUCT CHAPTER 1260-02