(a) Unless certified under this chapter, it is unlawful for an operator to advertise, imply, or represent that a recovery house is certified. Violation of this subsection is a civil violation punishable by a fine of no more than $ 20,000. No fine will be assessed if an operator is actively remedying a violation. For the purposes of this subsection, each day a violation occurs is a separate violation.
(b) Whenever a court determines the amount of a fine assessed under subsection (a) of this section, the court shall consider the operator’s history of violations.