Md. Code Regs. 09.12.01.36

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.01.36 - Penalties

A. The Commissioner may impose a civil penalty, not exceeding $1,000 for each violation, against a person who violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, if:

(1) The violation involves recordkeeping, notice, filing, access, or posting requirements;

(2) An inspection is not conducted on time; or

(3) The Commissioner finds that the violation is less than serious.

B. The Commissioner may impose a civil penalty, not exceeding $2,500 for each violation, against a person who violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law, if a substantial probability of death, serious physical injury, or serious damage to property exists because of the violation, unless the person did not know and with reasonable diligence could not have known of the violation.

C. The Commissioner may impose a civil penalty, not exceeding $5,000 for each violation, against a person who:

(1) Operates a boiler or pressure vessel without a certificate of inspection from the Commissioner;

(2) Operates a boiler or pressure vessel that has been prohibited from use; or

(3) Willfully or repeatedly violates Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, or a regulation or order issued to carry out this law.

D. Before the Commissioner imposes a civil penalty, the Commissioner shall consider the appropriateness of the penalty in relation to:

(1) The size of the business of the person against whom the penalty is to be imposed;

(2) The nature or gravity of the violation for which the penalty is to be imposed;

(3) The good faith of the person; and

(4) Any previous violations by the person.

E. The Commissioner may impose a civil penalty, not exceeding $1,000 for each day a violation continues, against a person who fails to correct the violation in the time set for its correction.

F. Each civil penalty shall be paid into the General Fund of the State.

Md. Code Regs. 09.12.01.36