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Terms Used In Maryland Code, PUBLIC SAFETY 12-916

  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) 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) 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) (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.