Section 12-916 - Civil penalties. - Maryland Statutes

§ 12-916. Civil penalties.
 

(a)  In general.- Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who: 

(1) violates this subtitle; 

(2) violates a regulation adopted or order issued under this subtitle; or 

(3) operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate. 

(b)  Factors to be considered.- In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to: 

(1) the nature or gravity of the violation; 

(2) the person's good faith; and 

(3) the person's history of previous violations. 

(c)  Appeal; regulations.-  

(1) A person may request a hearing before the Commissioner or the Commissioner's authorized representative to contest a proposed penalty or an alleged violation of this subtitle. 

(2) The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection. 
 

[An. Code 1957, art. 48, § 178A(a); 2003, ch. 5, § 2.]