§ 71-4402. Violations of title 15 of article 27 of this chapter.

1. Civil and administrative sanctions.

Any person who violates any of the provisions of, or who fails to
perform any duty imposed by title 15 of article 27 of this chapter, or
any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto, or any
final determination or order of the commissioner made pursuant to this
title shall be liable in the case of a first violation, for a civil
penalty not to exceed twenty-five thousand dollars and an additional
penalty of not more than twenty-five thousand dollars for each day
during which such violation continues, to be assessed by the
commissioner after an opportunity to be heard pursuant to the provisions
of section 71-1709 of this chapter, or by the court in any action or
proceeding pursuant to section 71-2727 of this chapter, and, in addition
thereto, such persons may by similar process be enjoined from continuing
such violation and any permit or certificate issued to such person may
be revoked or suspended or a pending renewal application denied. In the
case of a second and any further violation, the liability shall be for a
civil penalty not to exceed fifty thousand dollars for each such
violation and an additional penalty not to exceed fifty thousand dollars
for each day during which such violation continues.

2. Criminal sanctions.

a. Any person who violates any of the provisions of or who fails to
perform any duty imposed by title 15 of article 27 of this chapter or
any rules and regulations promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto, or any
final determination or order of the commissioner made pursuant to this
title shall be guilty of a violation and, upon conviction thereof, shall
be punished by a fine not to exceed five thousand dollars per day of
violation, or by imprisonment for a term of not more than fifteen days,
or by both such fine and imprisonment.

b. Any person who, intentionally, knowingly, or recklessly shall
violate any of the provisions of or who fails to perform any duty
imposed by title 15 of article 27 of this chapter or any rules and
regulations promulgated pursuant thereto, or any term or condition of
any certificate or permit issued pursuant thereto, or any final
determination or order of the commissioner made pursuant to this title
shall be guilty of a class B misdemeanor and, upon conviction thereof,
shall for a first conviction be punished by a fine not to exceed fifteen
thousand dollars per day of violation or by imprisonment for a term of
not more than ninety days, or both such fine and imprisonment. If the
conviction is for an offense committed after a first conviction of such
person under this paragraph, within the preceding five years, such
person shall be guilty of a class A misdemeanor and upon conviction,
punishment shall be by a fine not to exceed fifty thousand dollars per
day of violation, or by imprisonment for not more than one year or by
both such fine and imprisonment.