Except as otherwise provided in this title, a person may not perform a farm labor contracting service in the State for consideration unless licensed by the Commissioner.

Unless authorized under this title to perform a farm labor contracting service for consideration, a person may not represent to the public, by the use of a title, including “licensed farm labor contractor”, by description of services, methods, or procedures, or otherwise, that the person is authorized to perform a farm labor contracting service in the State for consideration.

Except as otherwise provided in this title, a person may not use a farm labor contractor to perform a farm labor contracting service unless the person ascertains that the farm labor contractor is licensed by: requesting confirmation from the Commissioner that the farm labor contractor is licensed; or examining the license. Whenever a person makes a request under subsection (a)(1) of this section, the Commissioner shall inform the person whether the farm labor contractor is licensed. Within 5 working days after a person makes a request under subsection (a)(1) of this section, the Commissioner shall respond in writing. If the status changes during the term of the license, the Commissioner shall give the person who made the request written notice of the change. If the Commissioner fails to provide the notice required under this subsection, a person is not liable for hiring a person who is not authorized to perform farm labor contracting services in the State. Notwithstanding subsection (b)(4) of this section, a person may not hire or continue to use a farm labor contractor to perform a farm labor contracting service after the person receives notice from the Commissioner or otherwise learns that the farm labor contractor is not licensed.

A person may not interfere with or intimidate an official or other employee of the Maryland Department of Labor assigned to carry out a function under this title.

A person may not assign or transfer a license.

Subject to the limitations in this section, the Commissioner may assess a civil penalty against a person who willfully or repeatedly violates: any provision of this title; any order passed under this title; or any regulation adopted to carry out this title. A civil penalty under this section may not exceed $5,000 for each violation. Before the Commissioner assesses a civil penalty against an agricultural operation, the Commissioner shall consider the appropriateness of the penalty in relation to: the size of the business; any good faith effort to comply with § 7-503 of this subtitle; and the history of previous violations. Before the Commissioner assesses a civil penalty against a farm labor contractor, the Commissioner shall consider the appropriateness of the penalty in relation to: the size of the business; the gravity of the violation; the good faith of the farm labor contractor; and the history of previous violations in this State or in any other state that relate to licensing or to the treatment of a migrant agricultural worker.

A farm labor contractor who willfully violates any provision of this title or any regulation adopted to carry out this title is guilty of a misdemeanor and on conviction is subject: for a first offense, to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both; and for a subsequent offense, to a fine not exceeding $10,000 or imprisonment not exceeding 3 years or both.