Section 7-266.1 - Civil penalties - Punitive damages. - Maryland Statutes

§ 7-266.1. Civil penalties - Punitive damages.
 

(a)  In general.- In addition to being subject to penalties under §§ 7-266 and 7-267 of this subtitle and cost recovery under § 7-221 of this subtitle, a responsible person who fails without sufficient cause to comply with a final order issued under this subtitle is subject to punitive damages, not exceeding three times the amount of any costs that are incurred by the State: 

(1) After the date of the final decision as provided in subsection (b) of this section; and 

(2) As a result of the responsible person's failure to comply with the final order. 

(b)  Procedure.-  

(1) Before seeking the punitive damages authorized by subsection (a) of this section, the Department shall issue to the responsible person a determination that the responsible person failed without sufficient cause to comply with a final order issued under this subtitle. 

(2) A responsible person subject to a determination issued by the Department under paragraph (1) of this subsection is entitled to a contested case hearing to determine whether the responsible person had sufficient cause for the failure to comply with the final order. 

(3) Following a final decision upholding the determination issued by the Department, the State may commence a civil action against the responsible person to recover the punitive damages. 
 

[2004, chs. 72, 73.]