2383 - Enforcement and penalties.

     § 2383.  Enforcement and penalties.        (a)  Criminal penalties.--Unless otherwise specified, any     person who violates any of the provisions of this chapter or any     rule, regulation or order made under this chapter:            (1)  For a first offense, commits a summary offense and        shall, upon conviction, be sentenced for each offense to pay        a fine of not less than $100 nor more than $300 and costs of        prosecution and, in default of payment of such fine and        costs, shall be sentenced to undergo imprisonment for a        period of not more than 90 days.            (2)  For a subsequent offense committed within three        years of a prior conviction for any violation of this chapter        or any rule, regulation or order made under this chapter,        commits a misdemeanor of the second degree and shall, upon        conviction, be sentenced to pay a fine of not less than        $1,000 nor more than $5,000 or to imprisonment for not more        than two years, or both, at the discretion of the court.        (b)  Civil penalties.--            (1)  In addition to proceeding under any other remedy        available at law or in equity for a violation of a provision        of this chapter or a rule or regulation adopted thereunder or        any order issued pursuant thereto, the department may assess        a civil penalty of not more than $10,000 upon an individual        or business for each offense.            (2)  No civil penalty shall be assessed unless the person        charged shall have been given notice and opportunity for a        hearing on such charge in accordance with law.            (3)  In determining the amount of the penalty, the        department shall consider the gravity of the violation. The        department may issue a warning in lieu of assessing a        penalty.            (4)  In cases of inability to collect such civil penalty        or failure of any person to pay all or such portion of the        penalty as the department may determine, the department may        refer the matter to the Office of Attorney General, which        shall recover such amount by action in the appropriate court.        Cross References.  Section 2383 is referred to in sections     2380.8, 2386 of this title.