Md. Code Regs. 15.11.19.04 - Assessment of Administrative Penalty
A. After providing notice and an opportunity
to be heard, the Secretary may assess an administrative penalty, not to exceed
$10,000, for each act that constitutes a violation of Agriculture Article,
Title 3, Subtitle 1, Annotated Code of Maryland, including, but not limited to,
any of the separate acts specified in Regulation .03 of this chapter. If the
Secretary finds that the person has committed multiple violations of this
subtitle, the Secretary, considering the factors specified in §B of this
regulation, may assess a separate civil penalty up to $10,000 for each
violation.
B. In assessing a civil
penalty imposed under §A, the Secretary shall give consideration to:
(1) The seriousness of the violation,
including the nature and degree of the potential harm to animal
health;
(2) The willfulness of the
violation;
(3) The extent to which
the existence of the violation was known to the violator, but not corrected or
otherwise addressed in a timely and adequate manner;
(4) The extent to which the violator had
exercised reasonable care to have prevented the violation from occurring in the
first instance;
(5) The actual harm
to animal health;
(6) The cost of
control;
(7) The extent to which
the particular violation is part of a recurrent pattern of the same or similar
type of violation committed by the violator; and
(8) Whether the violator previously has
violated any provision of Agriculture Article, Title 3, Subtitle 1, Annotated
Code of Maryland.
C. A
person may appeal under Agriculture Article, §2-405, Annotated Code of
Maryland, the Secretary's decision to impose a penalty.
D. Unless a stay has been granted, a person
against whom a civil penalty has been imposed under this chapter shall pay the
amount of the penalty promptly to the Secretary.
Notes
Regulations .04 adopted effective February 26, 2007 (34:4 Md. R. 402)
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