Section 18 AAC 32.280 - Civil fines(a) The department may, without prior warning, notice, or hearing, assess a civil fine of not more than the following amounts for each violation of 18 AAC 32.210 - 18 AAC 32.295: (2) second offense and subsequent offenses: $500.(b) For the purpose of determining whether a civil fine is assessed under this section, the department will consider aggravating or mitigating factors, including (1) the history of previous violations by the cheese producer;(2) the seriousness of the violation, including actual or potential hazard to the health and safety of the public;(3) whether the violation occurred due to negligence or intentional conduct;(4) whether the cheese producer has demonstrated good faith efforts to achieve rapid compliance after notification of a violation;(5) the cheese producer's current compliance status and the number of continuing violations;(6) the actual or potential economic gain to the cheese producer by violating a provision of 18 AAC 32.210 - 18 AAC 32.295;(7) enforcement costs incurred by the department relating to the violation; and(8) payment of civil fines previously assessed for the same or similar violation.Eff. 12/3/2010, Register 196Authority:AS 03.05.011
AS 03.05.090
AS 17.20.005
AS 17.20.180
AS 17.20.365
AS 44.46.020