The Secretary may assess a civil penalty of not more than five thousand dollars ($5,000) per violation against any certification authority that violates a provision of this Article or any rule promulgated thereunder. In determining the amount of a penalty under this section, the Secretary shall give due consideration to each of the following factors:
(1) The organizational size of the certification authority cited;
(2) The good faith of the certification authority cited;
(3) The gravity of the violation;
(4) The prior record of the violator in complying or failing to comply with this Article or a rule adopted pursuant to this Article; and
(5) The risk of harm caused by the violation.
Chapter 150B of the General Statutes governs the imposition of a civil penalty under this section. A civil penalty owed under this section may be recovered in a civil action brought by the Secretary or the Attorney General. (1998-127, s. 1.)