(1) After notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, the State Fire Marshal may assess a civil penalty not to exceed one thousand dollars for each violation of this chapter. In determining the amount of the penalty, the State Fire Marshal shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, the history of previous offenses, the ability to pay, the effect of the penalty on the ability to continue to operate, and any other matter that justice requires.
(2) The State Fire Marshal may refer any civil penalty to the Attorney General for collection.
(3) All civil penalties collected must be deposited in the general fund of the State.
HISTORY: 1986 Act No. 480, Section 9.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Chapter 36 - Explosives Control Act
Section 23-36-10. Short title.
Section 23-36-20. Legislative findings.
Section 23-36-30. Definitions.
Section 23-36-50. Applicability of license and permit requirements.
Section 23-36-60. Accounting and recordkeeping requirements; access to records.
Section 23-36-100. Revocation, suspension, or denial of license or permit.
Section 23-36-110. Confiscation, storage, or disposal of explosive materials by State Fire Marshal.
Section 23-36-120. Storage of explosive materials.
Section 23-36-130. Abandonment of explosive materials.
Section 23-36-140. Inapplicability of chapter to fireworks and to activities of government agencies.
Section 23-36-150. Regulation of explosive materials by local governments.