1. (a) 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. (1) violates this subtitle;
   2. (2) violates a regulation adopted or order issued under this subtitle; or
   3. (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.

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

   1. (1) the nature or gravity of the violation;
   2. (2) the person's good faith; and
   3. (3) the person's history of previous violations.

3. (c)

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

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.