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§ 2-313.2. Issuance of cease and desist orders or imposition of civil penalties

West's Annotated Code of MarylandAgricultureEffective: October 1, 2020

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 3. State Board of Veterinary Medical Examiners (Refs & Annos)
Effective: October 1, 2020
MD Code, Agriculture, § 2-313.2
§ 2-313.2. Issuance of cease and desist orders or imposition of civil penalties
Currentness
Cease and desist order
(a) Subject to subsection (b) of this section and on review and approval of the Secretary or the Secretary's designee, the Board may issue a cease and desist order against a person who:
(1) Practices, attempts to practice, or offers to practice veterinary medicine in violation of § 2-313(a) of this subtitle; or
(2) Takes an action:
(i) For which the Board determines there is a preponderance of evidence of grounds for discipline under § 2-310 or § 2-313 of this subtitle; or
(ii) That poses a serious risk to the health, safety, and welfare of an animal patient.
Civil penalty
(b)(1) In lieu of a cease and desist order under subsection (a) of this section, the Board may impose a civil penalty not exceeding:
(i) $5,000 for a first offense; and
(ii) $10,000 for a second or subsequent offense.
(2) In setting the amount of a civil penalty, the Board 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) Before a civil penalty is imposed under this subsection, the Board shall provide to the person on whom the civil penalty will be imposed notice of the alleged violation and an opportunity for a hearing.
Review of order or penalty under Administrative Procedure Act
(c) A person against whom a cease and desist order is issued or a civil penalty is imposed under this section may seek review of the order or penalty under the Administrative Procedure Act.
Cease and desist order or a civil penalty in addition to other disciplinary actions
(d) An action for a cease and desist order or a civil penalty imposed under this section is in addition to, and not instead of, disciplinary actions authorized under § 2-310 of this subtitle or an action for injunctive relief under § 2-315 of this subtitle.
Regulations
(e)(1) The Board shall adopt regulations to carry out the provisions of this section, including hearing procedures and sanctions for violations of a cease and desist order.
(2) The sanctions established by regulations adopted under paragraph (1) of this subsection may include a civil penalty consistent with subsection (b) of this section.
Distribution of funds from penalties
(f) The Board shall pay any penalty collected under this section into the General Fund of the State.

Credits

Added by Acts 2020, c. 243, § 1, eff. Oct. 1, 2020; Acts 2020, c. 244, § 1, eff. Oct. 1, 2020.
MD Code, Agriculture, § 2-313.2, MD AGRIC § 2-313.2
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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