1. A. If a person willfully violates this chapter, the Secretary may assess a civil penalty:

   1. (1) For a first violation after receiving a letter of reprimand, not exceeding $2,500;
   2. (2) For a second violation, not exceeding $5,000;
   3. (3) For a third violation, not exceeding $7,500; and
   4. (4) For any subsequent violation, not exceeding $10,000 for each violation.

2. B. In determining the amount of a penalty under §A of this regulation, the Secretary shall consider:

   1. (1) The nature and severity of the violation;
   2. (2) The good faith of the person;
   3. (3) The history of violations by the person;
   4. (4) The extent to which the person cooperated with any investigation by the Department; and
   5. (5) Whether the person has previously been issued a letter of reprimand.
3. C. For a violation of this chapter, the Secretary shall issue a letter of reprimand.

Authority: Health-General Article, §24-306.1, Annotated Code of Maryland

Effective date: December 25, 2023 (50:25 Md. R. 1088)