3-3113. Penalties; violation; classification

A. An employer who wilfully or repeatedly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article may be assessed a civil penalty of not more than ten thousand dollars for each violation.

B. An employer who has received a citation for a serious violation of any provision of this article shall be assessed a civil penalty of up to one thousand dollars for each such violation.

C. An employer who has received a citation for a serious violation of any provision of this article and that violation causes death to an employee shall be assessed a civil penalty of up to five thousand dollars for each such violation.

D. An employer or trainer who has received a citation for a nonserious violation of any provision of this article may be assessed a civil penalty of up to one thousand dollars for each such violation.

E. An employer or trainer who fails to correct a violation for which a citation has been issued within the abatement period permitted for its correction, which period shall be suspended in the case of an administrative hearing before an administrative law judge initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than one thousand dollars for each day during which the failure or violation continues after the abatement date.

F. An employer who knowingly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article and that violation causes death to an employee is guilty of a class 6 felony, except that if the conviction is for a second or subsequent violation, the employer is guilty of a class 5 felony.

G. A person who knowingly gives advance notice of any inspection to be conducted under this article without authority from the assistant director is guilty of a class 2 misdemeanor.

H. A person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article is guilty of a class 2 misdemeanor.

I. The director may assess all civil penalties prescribed by this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the number of employees employed by the employer, the number of individuals taught by the trainer, the good faith of the employer or trainer and the history of previous violations under this article.

J. Civil penalties owed under this article shall be paid to the department for deposit in the state general fund. After an order or decision on a civil penalty becomes final, the civil penalty acts as a judgment against the employer or trainer. The director shall file the civil penalty in the office of the clerk of the superior court in any county in this state and the clerk shall enter the civil penalty in the civil order book and judgment docket. When the civil penalty is filed and entered, it is a lien for eight years from the date of the final order or decision on the property of the employer or trainer located in the county. Execution may issue on the civil penalty within eight years in the same manner and with similar effect as a judgment of the superior court. The civil penalty judgment shall accrue interest pursuant to section 44-1201. The department may recover reasonable attorney fees incurred pursuant to this section.