A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this article or a rule adopted pursuant to this article. Each day a violation occurs constitutes a separate violation. The department shall hold a hearing pursuant to Title 41, Chapter 6, Article 10 to determine if a violation has occurred.

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B. The attorney general or the county attorney shall bring an action in the name of this state to enforce the collection of penalties assessed pursuant to this section. An action shall be brought in the justice court or the superior court in the county in which the violation occurs.

C. Penalties assessed pursuant to this section are in addition to other penalties imposed pursuant to this chapter.

D. The director shall deposit, pursuant to sections 35-146 and 35-147, penalties collected pursuant to this section in the state general fund.