Section 12-502 - Penalties.
§ 12-502. Penalties.
(a) Criminal.-
(1) A person who willfully or knowingly violates this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.
(2) Each associate, employee, manager, or partner who participates in or consents to a violation of this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(3) Each violation of this title is a separate offense.
(b) Civil.-
(1) The Secretary may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation.
(2) In setting the amount of the penalty, the Secretary shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the violator;
(iv) any history of previous violations by the violator; and
(v) any other relevant factors.
(3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.
[An. Code 1957, art. 56, § 426; 1992, ch. 4, § 2; 1997, ch. 227; 2001, ch. 187.]