North Dakota Code 38-22-18 – Penalties
1. A person who violates a provision of this chapter or a commission rule or order under this chapter is subject to a civil penalty imposed by the commission or a court not to exceed twelve thousand five hundred dollars for each offense, and each day’s violation is a separate offense. Paying the penalty does not make legal an illegal act nor relieve a person on whom the penalty is imposed from correcting the violation or from liability for damages caused by the violation.
Terms Used In North Dakota Code 38-22-18
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Rule: includes regulation. See North Dakota Code 1-01-49
2. In determining the amount of the penalty, the commission shall consider:
a. The nature of the violation, including its circumstances and gravity, and the hazard or potential hazard to the public’s or a private person’s health, safety, and economic welfare.
b. The economic or environmental harm caused by the violation.
c. The economic value or other advantage gained by the person committing the violation.
d. The history of previous violations.
e. The amount necessary to deter future violations. f. Efforts to correct the violation.
g. Other matters justice requires.