<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 13A.16.17.08" title_num="13A" subtitle_num="16" chapter_num="17" heading="Penalties.">
  <paragraph num="A.">
    <text>Criminal Penalty. A person who operates a child care center without a license, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:</text>
    <paragraph num="(1)">
      <text>$1,500 for the first violation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>$2,500 for a second or subsequent violation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Civil Penalty.</text>
    <paragraph num="(1)">
      <text>A person who maintains and operates a child care center or advertises child care services without a license, or who violates any regulation in this subtitle, is subject to a civil penalty imposed in a civil action of not more than $1,000 for each violation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Each day a violation occurs or the child care center operates illegally is considered a separate violation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The total amount of the civil penalties imposed in a civil action may not exceed $5,000.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Appeals.</text>
    <paragraph num="(1)">
      <text>An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Appeals are conducted in accordance with the provisions of COMAR 13A.16.18.</text>
    </paragraph>
  </paragraph>
</regulation>