Regulation .09 Civil Penalty.
Regulation .09 Civil Penalty.LinkCopy Citation
A.
The Department may impose a civil penalty on a shelter that violates the requirements of this chapter or Agriculture Article, §2-1704, Annotated Code of Maryland, which requires shelters to adopt a written protocol for reclaiming animals, up to $500 for each violation.
B.
Before imposing any civil penalty under this chapter, the Department shall consider the following:
(1)
The nature and gravity of each violation;
(2)
The willfulness of the violation and the extent to which the existence of the violation was known to the shelter but uncorrected by the shelter; and
(3)
A history of prior violations, if any.
C.
The Department shall issue a written notice of violation to the shelter owner upon finding that a violation has occurred or is ongoing. The written notice of violation shall include:
(1)
A statement of the regulation violated by the shelter;
(2)
A description of the evidence of a violation;
(3)
A statement informing the shelter of the right to an informal meeting with the Department;
(4)
The amount of the proposed civil penalty;
(5)
A statement of the remedial action necessary to bring the shelter into compliance; and
(6)
A reasonable amount of time, as determined by the Department, to correct a violation.
D.
A shelter may petition the Department for a contested case hearing on a violation and penalty within 30 calendar days of the issuance of the notice of violation by the Department.
E.
Unless a shelter requests a contested case hearing, the shelter shall promptly pay the penalty. Payment of a penalty is not a substitute for compliance. If the shelter continues to violate this chapter, the Department may impose additional civil penalties.