1. (a) A person who violates § 6.5-401, § 6.5-402, or § 6.5-403 of this subtitle is guilty of a misdemeanor and on conviction is subject to:

   1. (1) a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both; and
   2. (2) on a second or subsequent conviction, a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

2. (b)

   1. (1) Except as otherwise provided by this title, the Board may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.

   2. (2) In setting the amount of the penalty, the Board shall consider:

      1. (i) the seriousness of the violation;
      2. (ii) the harm caused by the violation;
      3. (iii) the good faith of the violator;
      4. (iv) any history of previous violations by the violator; and
      5. (v) any other relevant factors.
   3. (3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

Added by Acts 2005, c. 613, § 2, eff. Oct. 1, 2005.