44:90:12:11Schedule of fines.

The department may assess the following fines for violations described in § 44:90:12:10: (1) Category 1 violation: (a) First offense, five thousand dollars; (b) Second offense, seven thousand dollars; and (c) Third or subsequent offense, ten thousand dollars; (2) Category 2 violation: (a) First offense, three thousand dollars; (b) Second offense, four thousand dollars; and (c) Third or subsequent offense, five thousand dollars; (3) Category 3 violation: (a) First offense, one thousand five hundred dollars; and (b) Second or subsequent offense, two thousand five hundred dollars; (4) Category 4 violation, one thousand dollars; and (5) Category 5 violation, five hundred dollars. The department may not use a violation that occurred more than five years before the date of the new violation when determining if the new violation is a second, third, or subsequent offense.

Source: 52 SDR 10, effective August 4, 2025.