SECTION 460:20-61-4. When penalty will be assessed  


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  • (a)   The Department shall assess a penalty for each cessation order.
    (b)   The Department shall assess a penalty for each notice of violation, if the violation is assigned 31 points or more under the point system described in Section 460:20-61-5.
    (c)   The Department may assess a penalty for each notice of violation assigned 30 points or less under the point system described in Section 460:20-61-5. In determining whether to assess a penalty, the Department shall consider the factors listed in Section 460:20-61-5.