If, after notice and a hearing, the commissioner finds that any person has violated any provision of this division or of any regulation or order issued under this division, the commissioner may order the person to pay to the commissioner a civil penalty in that amount as the commissioner may specify. However, the amount of the civil penalty shall not exceed two thousand five hundred dollars ($2,500) for each violation, or in the case of a continuing violation, two thousand five hundred dollars ($2,500) for each day for which the violation continues.
Capital Access CompaniesCivil Penalties
Section § 28900
This law states that if someone breaks a rule, regulation, or order under this section, the commissioner can fine them. After a formal notice and hearing, the violator may have to pay a penalty. The fine can be up to $2,500 for each offense or $2,500 for each day the violation continues if it doesn't stop.
civil penalty commissioner violation
Section § 28901
This law section explains that the rules in Section 28900 work alongside other rules in the same division that let the commissioner take action against violations. However, if someone is already found guilty under Chapter 12 for breaking any of its rules, they don't have to pay the civil penalties described in Section 28900 for that specific violation.
The provisions of Section 28900 are additional to, and not alternative to, other provisions of this division which authorize the commissioner to issue orders or to take other action on account of a violation of any provision of this division or of any regulation or order issued under this division. However, no person who has been finally convicted under Chapter 12 (commencing with Section 28800) of this division on account of a violation of any provision of Chapter 12 (commencing with Section 28800) shall be liable to pay a civil penalty under Section 28900 on account of the violation.
commissioner authority Chapter 12 violations final conviction
