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§ 2-718. Enforcement

West's Annotated Code of MarylandAgricultureEffective: July 1, 2012

West's Annotated Code of Maryland
Agriculture
Title 2. Department of Agriculture (Refs & Annos)
Subtitle 7. Maryland Horse Industry Board (Refs & Annos)
Effective: July 1, 2012
MD Code, Agriculture, § 2-718
§ 2-718. Enforcement
Misdemeanor violation
(a) Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 11 months or both.
Administrative penalties
(b)(1) Instead of pursuing criminal penalties under subsection (a) of this section, the Board may impose an administrative penalty on any person who violates any provision of § 2-710 or § 2-715 of this subtitle.
(2) The penalty imposed under this subsection may not exceed $2,000 for each violation of this subtitle.
(3) All penalties collected under this subsection shall be paid into the General Fund of the State.
(4) The Board shall adopt regulations necessary to implement the provisions of this subsection.
Opportunity for hearing
(c) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2-710 or § 2-715 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
Notice and hearing
(d) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Counsel
(e) The person may be represented at the hearing by counsel.
Subpoenas
(f) The Board may issue subpoenas in connection with any investigation of charges under § 2-710 of this subtitle or proceedings under this section.
Failure or refusal to appear
(g) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

Credits

Acts 1968, c. 474; Acts 1969, c. 209; Acts 1976, c. 265, § 2; Acts 1980, c. 618, § 2. Amended by Acts 2004, c. 151, § 1, eff. Oct. 1, 2004; Acts 2012, c. 19, § 1, eff. July 1, 2012.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2006 Legislation
Acts 2006, c. 170, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That the Maryland Horse Industry Board shall report to the Senate Finance Committee, the Senate Education, Health, and Environmental Affairs Committee, the House Ways and Means Committee, and the House Environmental Matters Committee on or before December 31, 2006, in accordance with § 2-1246 of the State Government Article, regarding the administrative penalties the Board is authorized to impose under § 2-718(b) of the Agriculture Article, including in the report any regulations that have been adopted under § 2-718(b) of the Agriculture Article and a discussion of the number and amount of administrative penalties levied under § 2-718(b) of the Agriculture Article.”
MD Code, Agriculture, § 2-718, MD AGRIC § 2-718
Current through all legislation from the 2019 Regular Session of the General Assembly.
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