If the Secretary, or the Secretary’s designee, determines that an employer has violated § 11–305 of this subtitle, the Secretary, or the Secretary’s designee: shall issue an order compelling compliance; and may, in the Secretary’s, or the Secretary’s designee’s, discretion, assess a civil penalty of up to $10,000 per day for each day that an employer violated § 11–305 of this subtitle. In determining the amount of the penalty, if assessed, the Secretary, or the Secretary’s designee, shall consider: the gravity of the violation; the size of the employer’s business; the employer’s good faith; and the employer’s history of violations under this subtitle. The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.