1. A. The Department may impose a civil penalty on any person who violates the requirements of this chapter up to $2,000 for each violation.

2. B. Before imposing any civil penalty under this chapter, the Department shall consider the following:

   1. (1) The nature and gravity of each violation;
   2. (2) The willfulness of the violation and the extent to which the existence of the violation was known to the person but uncorrected by the person; and
   3. (3) A history of prior violations, if any.

3. C. The Department shall issue a written notice of violation to the person subject to this chapter upon finding that a violation has occurred or is ongoing. The written notice of violation shall include:

   1. (1) A statement of the regulation violated by the person;
   2. (2) A description of the evidence of a violation;
   3. (3) A statement informing the person of the right to an informal meeting with the Department;
   4. (4) The amount of the proposed civil penalty;
   5. (5) A statement of the remedial action necessary to bring the person into compliance; and
   6. (6) A reasonable amount of time, as determined by the Department, to correct a violation.
4. D. A person may petition the Department for a contested case hearing on the violation and penalty within 30 calendar days of the issuance of the notice of violation by the Department.
5. E. Unless a person requests a contested case hearing, the person shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the person continues to violate this chapter, the Department may impose additional civil penalties.

Authority: Agriculture Article, §§3-1001—3-1003, 3-1005, and 3-1006, Annotated Code of Maryland

Effective date: January 28, 2019 (46:2 Md. R. 53)

Regulation .02 amended as an emergency provision effective April 12, 2019 (46:9 Md. R. 444); amended permanently effective September 9, 2019 (46:18 Md. R. 775)

Regulation .02B amended effective January 14, 2021 (48:1 Md. R. 10)

Regulation .03E adopted effective January 14, 2021 (48:1 Md. R. 10)

Regulation .04 amended effective January 14, 2021 (48:1 Md. R. 10)