1. (a) Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates:

   1. (1) any provision of this title;
   2. (2) any order passed under this title; or
   3. (3) any regulation adopted to carry out this title.
2. (b) A civil penalty under this section may not exceed $5,000 for each violation.

3. (c)

   1. (1) Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to:

      1. (i) the size of the business;
      2. (ii) any good faith effort to comply with § 7-503 of this subtitle; and
      3. (iii) the history of previous violations.

   2. (2) Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to:

      1. (i) the size of the business;
      2. (ii) the gravity of the violation;
      3. (iii) the good faith of the farm labor contractor; and
      4. (iv) the history of previous violations in this State or in any other state that relate to licensing or to the treatment of a migrant agricultural worker.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991.

Formerly Art. 100, § 80E.