(a) The commission’s assessment of civil penalties made pursuant to Executive Law section 94(14) shall not preclude its referral of violations of law to a prosecutor for criminal prosecution.

(b) If the alleged violation has been established, and the commission determines in light of all the circumstances that the violation is not serious enough to warrant assessment of a civil penalty, the commission, in its discretion, may take such other action as appropriate including, but not limited to, a written admonition or a recommendation that disciplinary action be taken. The commission may forward a copy of such admonition or recommendation for disciplinary action to the individual’s appointing authority, as appropriate.