1. A. If a person fails to file an annual implementation report with the Department in a timely manner as provided under Regulation .06A(3) of this chapter, the Department shall notify the person that:

   1. (1) The person is in violation of the requirement to file an annual implementation report; and

   2. (2) The person is subject to:

      1. (a) After 30 days from issuance of the notice, an administrative penalty of not less than $100 and not more than $250 if the person fails to submit the report within 60 days from its issuance;
      2. (b) After 60 days from issuance of the notice, an enhanced administrative penalty of not less than $250 and not more than $1000 if the person fails to submit the report within 90 days from its issuance; and
      3. (c) After 90 days from issuance of the notice, a further enhanced administrative penalty of not less than $1000 if the person fails to submit the report within 91 days from its issuance.

2. B. A penalty imposed on a person under §A of this regulation shall be assessed with consideration given to:

   1. (1) The willfulness of the violation; and
   2. (2) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.
3. C. Neither the issuance of an administrative penalty by the Department nor the payment of an administrative penalty by a person under this regulation shall relieve the person of the requirement to submit the annual implementation report under Regulation .06A(3) of this chapter.

Authority: Agriculture Article, §§8-801—8-806, Annotated Code of Maryland

Effective date: May 29, 2000 (27:10 Md. R. 967)

Regulation .02 amended effective April 16, 2001 (28:7 Md. R. 692); August 5, 2002 (29:15 Md. R. 1143)

Regulation .02 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)

Regulation .02 amended effective July 31, 2006 (33:15 Md. R. 1281); March 26, 2007 (34:6 Md. R. 628); November 16, 2009 (36:23 Md. R. 1818); October 15, 2012 (39:20 Md. R. 1308); June 8, 2015 (42:11 Md. R. 726); January 2, 2017 (43:26 Md. R. 1448), January 1, 2023 (Md. R. 49:24 1027)

Regulation .02 amended as an emergency provision effective October 16, 2024 (51:23 Md. R. 1035); amended permanently effective March 17, 2025 (52:5 Md. R. 238)

Regulation .03B amended effective April 16, 2001 (28:7 Md. R. 692)

Regulation .03B amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)

Regulation .03B amended effective October 5, 2020 (47:20 Md. R. 877)

Regulation .04 amended effective April 16, 2001 (28:7 Md. R. 692)

Regulation .05A, C, D amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684)

Regulation .06 amended as an emergency provision effective December 22, 2004 (32:2 Md. R. 144); amended permanently effective April 11, 2005 (32:7 Md. R. 684); October 5, 2020 (47:20 Md. R. 877)

Regulation .06A amended effective April 16, 2001 (28:7 Md. R. 692)

Regulation .07 amended effective October 5, 2020 (47:20 Md. R. 877)

Regulation .08 adopted effective October 5, 2020 (47:20 Md. R. 877)

Regulation .08 amended effective May 2, 2022 (49:9 Md. R. 531)