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§ 12-814.3. Commissioner may assess and collect civil penalties

West's Annotated Code of MarylandPublic SafetyEffective: July 1, 2009

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 12. Building and Material Codes; Other Safety Provisions (Refs & Annos)
Subtitle 8. Elevator Safety (Refs & Annos)
Part II. Registration and Inspection of Elevators (Refs & Annos)
Effective: July 1, 2009
MD Code, Public Safety, § 12-814.3
§ 12-814.3. Commissioner may assess and collect civil penalties
Currentness
In general
(a) If, after investigation, the Commissioner determines that an owner violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect a civil penalty of up to $5,000 for each elevator unit in violation of the Safety Code or regulations.
Amount of penalty
(b) In determining the amount of the penalty, the Commissioner shall consider:
(1) the gravity of the violation;
(2) the owner's good faith; and
(3) the owner's history of violations under this subtitle.
Penalties for willful violations
(c) If, after investigation, the Commissioner determines that an owner willfully or repeatedly violated the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, the Commissioner may assess and collect double the administrative penalties set forth in subsection (a) of this section.
Penalties for failure to correct violation
(d) If, after the issuance of a final order affirming a violation of the Safety Code or a regulation adopted by the Commissioner under Part II of this subtitle, an owner fails to correct the violation within 10 days, the Commissioner may impose a civil penalty, not exceeding $1,000 for each day a violation continues, against the owner.
Civil penalties paid to General Fund
(e) Each civil penalty shall be paid into the General Fund of the State.

Credits

Added by Acts 2009, c. 145, § 1, eff. July 1, 2009.
MD Code, Public Safety, § 12-814.3, MD PUBLIC SAFETY § 12-814.3
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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