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§ 12-916. Civil penalties

West's Annotated Code of MarylandPublic Safety

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 12. Building and Material Codes; Other Safety Provisions (Refs & Annos)
Subtitle 9. Boiler and Pressure Vessel Safety Act (Refs & Annos)
MD Code, Public Safety, § 12-916
Formerly cited as MD CODE Art. 48, § 178A
§ 12-916. Civil penalties
Currentness
In general
(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.
Factors to be considered
(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.
Appeal; regulations
(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.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003.
MD Code, Public Safety, § 12-916, MD PUBLIC SAFETY § 12-916
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document