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 such person to pay to the commissioner a civil penalty in such amount as the commissioner may specify; provided, however, that the amount of such civil penalty shall not exceed one thousand dollars ($1,000) for each violation, or in the case of a continuing violation, one thousand dollars ($1,000) for each day for which such violation continues.
Chapter 13Civil Penalties
Section § 31900
In California, if someone breaks a rule or order related to this financial division, the commissioner can investigate and, after a hearing, impose a fine. The penalty could be up to $1,000 for each violation. If the violation continues over multiple days, the fine can be $1,000 for each day it continues.
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Section § 31901
This section states that the rules in Section 31900 are additional measures, not substitutes, for other actions the commissioner can take for violations. However, if someone has been finally convicted of a crime under Chapter 12, they can't be made to pay a civil penalty under Section 31900 for the same offense. Similarly, if someone has already paid a civil penalty for a violation under Section 31900, they can't be prosecuted criminally for that same violation under Chapter 12.
The provisions of Section 31900 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; provided, however, that no person who has been finally convicted under Chapter 12 (commencing with Section 31800) of this division on account of a violation of any provision of Chapter 12 shall be liable to pay a civil penalty under Section 31900 on account of such
violation, nor shall any person who has paid a civil penalty under Section 31900 on account of a violation of any provision of Chapter 12 be liable to criminal prosecution under Chapter 12 on account of such violation.
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