Section 49-31-108 - Violators subject to civil penalty imposed by commission. - South Dakota Statutes

49-31-108. 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.