Md. Code Regs. 15.01.15.05 - Civil Penalty
A. The
Department may impose a civil penalty on any person who violates the
requirements of this chapter up to $2,000 for each violation.
B. Before imposing any civil penalty under
this chapter, the Department shall consider the following:
(1) The nature and gravity of each
violation;
(2) The willfulness of
the violation and the extent to which the existence of the violation was known
to the person but uncorrected by the person; and
(3) A history of prior violations, if
any.
C. The Department
shall issue a written notice of violation to the person subject to this chapter
upon finding that a violation has occurred or is ongoing. The written notice of
violation shall include:
(1) A statement of
the regulation violated by the person;
(2) A description of the evidence of a
violation;
(3) A statement
informing the person of the right to an informal meeting with the
Department;
(4) The amount of the
proposed civil penalty;
(5) A
statement of the remedial action necessary to bring the person into compliance;
and
(6) A reasonable amount of
time, as determined by the Department, to correct a violation.
D. A person may petition the
Department for a contested case hearing on the violation and penalty within 30
calendar days of the issuance of the notice of violation by the
Department.
E. Unless a person
requests a contested case hearing, the person shall promptly pay the penalty.
Payment of a penalty is not a substitute for compliance. If the person
continues to violate this chapter, the Department may impose additional civil
penalties.
Notes
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