34A-6-307. Civil and criminal penalties.
(1) The commission may assess civil penalties against an employer who has received a citation under Sectionas follows: 34A-6-302 except as provided in Subsectionsthrough, the commission may assess up to $16,131 for each cited violation; (1)(a)(ii) (1)(a)(iv) the commission may not assess more than $16,131 for each cited serious violation; the commission may not assess less than $11,518 nor more than $161,323 for each cited willful violation; the commission may assess up to $161,323 for each cited violation if the employer has previously been found to have violated the same standards, code, rule, or order; and after the expiration of the time permitted to an employer to correct a cited violation, the commission may assess up to $16,131 for each day the violation continues uncorrected. For purposes of Subsection, a violation is serious only if: (1)(a)(ii) the violation arises from a condition, practice, method, operation, or process in the workplace of which the employer knows or should know through the exercise of reasonable diligence; and there is a substantial possibility that the condition, practice, method, operation, or process could result in death or serious physical harm.
(2) The commission may assess a civil penalty of up to $16,131 for each violation of a posting requirement under this chapter.
(3) In deciding the amount to assess for a civil penalty, the commission shall consider all relevant factors, including: the size of the employer's business; the nature of the violation; the employer's good faith or lack of good faith; and the employer's previous record of compliance or noncompliance with this chapter.
(4) A civil penalty collected under this chapter shall be paid into the General Fund.
(5) Criminal penalties under this chapter are as follows: an employer who willfully violates a standard, code, rule, or order issued under Section, or a rule made under this chapter, is guilty of a class A misdemeanor if the violation caused the death of an employee; 34A-6-202 a person who gives advance notice of any inspection conducted under this chapter without authority from the administrator or the administrator's representatives is guilty of a class A misdemeanor; and a person who knowingly makes a false statement, representation, or certification in an application, a record, a report, a plan, or another document filed or required to be maintained under this chapter is guilty of a class A misdemeanor. For purposes of Subsection, if the violation causes the death of more than one employee, each death is considered a separate offense. (5)(a)(i)
(6) After a citation issued under this chapter and an opportunity for a hearing under, the division may file an abstract for any uncollected citation penalty in the district court. Title 63G, Chapter 4, Administrative Procedures Act The filed abstract described in Subsectionhas the effect of a judgment issued by that court. (6)(a) The abstract described in Subsectionshall state the amount of: (6)(a) the uncollected citation penalty; reasonable attorney fees as set by commission rule; and court costs.