Section 12-916 - Civil penalties.
§ 12-916. Civil penalties.
(a) In general.- Except as otherwise provided in § 12-915(e) of this subtitle, the Commissioner may assess a civil penalty not exceeding $5,000 for each violation against a person who:
(1) violates this subtitle;
(2) violates a regulation adopted or order issued under this subtitle; or
(3) operates in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate.
(b) Factors to be considered.- In assessing the appropriateness of a civil penalty under this section, the Commissioner shall give due consideration to:
(1) the nature or gravity of the violation;
(2) the person's good faith; and
(3) the person's history of previous violations.
(c) Appeal; regulations.-
(1) A person may request a hearing before the Commissioner or the Commissioner's authorized representative to contest a proposed penalty or an alleged violation of this subtitle.
(2) The Commissioner shall adopt regulations as reasonably necessary to carry out this subsection.
[An. Code 1957, art. 48, § 178A(a); 2003, ch. 5, § 2.]