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except that, if the person has been found in violation of this |
| subsection within the prior 12 months, the administrative penalty |
| may not exceed $5,000. Administrative penalties imposed pursuant |
| to this subsection are in addition to any other remedies or |
| forfeitures provided by law and any liability that may result from |
the act or omission constituting the violation. Prior to Before |
| imposing any penalties under this subsection, the commission shall |
| consider evidence of the record of the violator, including, to the |
| extent applicable, the number of successful excavations undertaken |
| by the violator or the number of locations successfully marked by |
| the violator during the prior 12 months. The commission may |
| require a person who violates any provision of this section to |
| participate, at the expense of the violator, in an educational |
| program developed and conducted by the system. |