§ 19-14.1-9 - Penalties.
SECTION 19-14.1-9
§ 19-14.1-9 Penalties. – (a) Any person and the several members, officers, directors, agents andemployees thereof, who knowingly violate or participate in the violation of anyof the applicable provisions of this chapter or any regulation promulgatedthereunder, shall be guilty of a misdemeanor and upon conviction of thisviolation shall be punished by a fine of not more than one thousand dollars($1,000) or imprisoned for not more than one year, or both. Each violationshall constitute a separate offense. Complaints under the provisions of thischapter may be made by the director or the director's designee, and thedirector or the director's designee shall not be required to give surety forcosts. The attorney general shall prosecute all complaints under this chapter.
(b) Any person who shall violate any provision of thischapter may also be subject to a civil monetary penalty, in the discretion ofthe court. For unintentional violations, to be determined by the court, theaward may include actual damages sustained by the applicant or borrower, as thecase may be, as a result of the violation, plus a penalty in an amount notgreater than one hundred dollars ($100) per violation. For intentionalviolations, to be determined by the court, the award may include actual damagessustained by the applicant or borrower, as the case may be, as a result of theviolation, plus a penalty in an amount not greater than five hundred dollars($500) per violation. A person's failure to take action to correct theviolation within a reasonable period of time, as determined by the court,following notice to the person of the violation by the director or thedirector's designee pursuant to a final written report or other written notice,may be evidence of an intentional violation under this subsection (b) withrespect to violations committed after the notice and the expiration of areasonable time period for correction of the violation.