§ 3219. Administrative penalties

(a) The Commissioner may impose an administrative penalty of not more than $250.00 against VAST or its agent for each violation of this subchapter or the rules adopted thereunder. A penalty arising from a single violation may be assessed against VAST or its agent, as may be appropriate, but not against both.

(b) Each violation is a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance may be deemed a separate and distinct offense. In no event shall the maximum penalty imposed for a continuing offense exceed $500.00.

(c) The Commissioner shall adopt rules establishing a schedule of administrative penalties to be imposed under this section. Penalties shall be based on the severity and frequency of the violation.

(d) VAST or its agent shall be given notice and opportunity for a hearing on any alleged violation. Service of the notice shall be sent by first-class mail. The notice shall include the following:

(1) a factual description of the alleged violation;

(2) a reference to the particular statute or rule allegedly violated;

(3) the amount of the proposed administrative penalty; and

(4) a warning that the right to a hearing will be deemed waived and a penalty will be imposed if no hearing is requested within 15 days from the date of the notice, and that failure to pay a penalty may result in suspension or cancellation of the privilege of issuing registrations pursuant to the provisions of section 3204 of this title by VAST or its agent.

(e) When VAST or its agent receives notice under subsection (d) of this section, it shall be deemed to have waived the right to a hearing unless, within 15 days from the date of the notice, a hearing is requested in writing. If the right to a hearing is waived, the Commissioner shall issue a final order finding VAST or its agent in default and imposing the penalty.

(f) The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.

(g) The Commissioner may collect an unpaid administrative penalty by filing a civil action in Superior Court or through any other means available to State agencies.

(h) If a penalty is not paid within 60 days after it is imposed, the Commissioner may suspend or cancel the privilege of issuing registrations granted to VAST or its agent under the provisions of section 3204 of this title.

(i) The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for a violation of this subchapter.

(j) All penalties collected under this section shall be deposited in the Transportation Fund. (Added 2011, No. 164 (Adj. Sess.), § 11.)