<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".36" citation="COMAR 09.12.01.36" title_num="09" subtitle_num="12" chapter_num="01" heading="Penalties.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The violation involves recordkeeping, notice, filing, access, or posting requirements;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An inspection is not conducted on time; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commissioner finds that the violation is less than serious.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Commissioner may impose a civil penalty, not exceeding $5,000 for each violation, against a person who:</text>
    <paragraph num="(1)">
      <text>Operates a boiler or pressure vessel without a certificate of inspection from the Commissioner;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Operates a boiler or pressure vessel that has been prohibited from use; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Before the Commissioner imposes a civil penalty, the Commissioner shall consider the appropriateness of the penalty in relation to:</text>
    <paragraph num="(1)">
      <text>The size of the business of the person against whom the penalty is to be imposed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The nature or gravity of the violation for which the penalty is to be imposed;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The good faith of the person; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Any previous violations by the person.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Each civil penalty shall be paid into the General Fund of the State.</text>
  </paragraph>
</regulation>