(a) Any person who violates this part or any rule adopted pursuant to this part shall be subject to a civil penalty of not more than $10,000 for each violation. Each day the violation continues shall constitute a separate offense. An action to impose or collect the penalty provided in this section shall be considered a civil action.

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(b) Any person who wilfully violates this part shall be subject to a criminal penalty of not more than $25,000 for each violation, imprisonment for a term not to exceed five years, or both.