49-31-108 Violators subject to civil penalty imposed by commission.
Violators subject to civil penalty imposed by commission.
Any person who
violates §§ 49-31-99 to 49-31-108, inclusive, or any rules promulgated pursuant to §§ 49-31-99 to
49-39-108, inclusive, is subject to a civil penalty to be imposed by the commission, after notice and
opportunity for hearing. The commission may impose a civil fine of not more than five thousand
dollars for each offense. In determining the amount of the penalty upon finding a violation, or the
amount of a compromise settlement, the commission shall consider the appropriateness of the
penalty to the size of the business of the person charged, prior offenses and compliance history, and
the good faith of the person charged in attempting to achieve compliance. Any telephone solicitation
made to a person whose name first appears on the register is not a violation of §§ 49-31-99 to 49-31-108, inclusive, if the solicitation is made within thirty days of the receipt of the register. Any penalty
collected pursuant to this section shall be credited to the telephone solicitation account established
pursuant to § 49-31-104.
Source: SL 2003, ch 238, § 11.