(a) To enforce this subtitle, the Authority:
- (1) shall accept and review complaints for violations of this subtitle; and
- (2) may recommend necessary enforcement actions.
(b)
(1) The Authority shall:
(i) hear complaints for violations of this subtitle:
- 1. at the request of a probable violator; or
- 2. after notifying a probable violator that the Authority has scheduled a hearing on its own motion; and
- (ii) after a hearing, assess a civil penalty under § 12-135 of this subtitle.
- (2) The Authority may reach a settlement instead of assessing a civil penalty.
- (3) If a probable violator fails to appear at a scheduled hearing, the Authority may vote to proceed to hear the complaint against the probable violator in the absence of the probable violator.
(c)
(1) The Authority may:
- (i) establish reasonable complaint filing fees and administrative fees for complaints heard by the Authority; and
- (ii) use the services of a third party to collect civil penalties.
- (2) If the Authority determines that an individual cannot afford to pay a fee established under paragraph (1)(i) of this subsection, the Authority may exempt the individual wholly or partly from the fee.
(d) The Authority may not assess a civil penalty against a person unless the person:
- (1) receives reasonable prior notice of the complaint; and
- (2) has an opportunity to be heard under § 12-113 of this subtitle.
Added by Acts 2010, c. 635, § 3, eff. Oct. 1, 2010. Amended by Acts 2021, c. 18, § 1, eff. March 13, 2021.